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TUCKER v. C. I. R.

No. 357, Docket 28032.

322 F.2d 86 (1963)

Marcia Brady TUCKER and Estate of Carll Tucker, deceased, Marcia Brady Tucker, Carll Tucker, Jr., and Luther Tucker, Executors, Petitioners, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Second Circuit.

Decided August 7, 1963.

Attorney(s) appearing for the Case

Humes, Andrews & Botzow, New York City (George W. Saam, New York City, of counsel), for petitioners.

Louis F. Oberdorfer, Asst. Atty. Gen. (Lee A. Jackson, L. W. Post, Arthur E. Strout, Attys., Dept. of Justice, Washington, D. C., of counsel), for respondent.

Before MOORE, HAYS and MARSHALL, Circuit Judges.

LEONARD P. MOORE, Circuit Judge.

This is a petition for review of a decision of the Tax Court, reported at 38 T.C. 955 (1962), determining a deficiency of $28,703.71 in the income tax of the petitioner, Marcia Brady Tucker, and her deceased husband1 for the calendar year 1955. Marcia Brady Tucker is the income beneficiary of a trust created under the will of her father. The entire net income from the trust...

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