ESTATE OF ESPOSITO v. COMMISSIONER

Docket No. 92346.

40 T.C. 459 (1963)

ESTATE OF JOSEPH R. ESPOSITO, ERWIN BRUCE HALLETT, JAMES BECKETT AND RUSSELL GOWANS, EXECUTORS, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT

United States Tax Court.

Filed May 31, 1963.


Attorney(s) appearing for the Case

William E. Bardusch, Jr., for the petitioner.

Philip Shurman and Robert D. Whoriskey, for the respondent.


OPINION

MURDOCK, Judge:

The Commissioner determined deficiencies in income tax of the petitioner of $14,172.59 for the period August 6 to December 31, 1957, and $67,649 for 1958, by disallowing claimed charitable deductions. The issue in the case changed materially with the filing of the Commissioner's brief in which he concedes that the charitable deduction claimed by the petitioner on its 1958 return was deductible and now contends that the charitable...

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