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C.I.R. v. BURROW

No. 7557.

333 F.2d 66 (1964)

COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. Mary E. BURROW TRUST, The First National Bank of Topeka, F. G. Weidling, L. P. Humphreys and Esther Shaffer, Co-Trustees, James R. Burrow, II and Ester T. Burrow, Respondents.

United States Court of Appeals Tenth Circuit.

June 16, 1964.

Attorney(s) appearing for the Case

Loring W. Post, Washington, D. C., (Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson and Melva M. Graney, Washington, D. C., on the brief), for petitioner.

Allen Gerye, Topeka, Kan., for respondents.

Before MURRAH, Chief Judge, and PICKETT and LEWIS, Circuit Judges.

LEWIS, Circuit Judge.

The Commissioner seeks review of a decision of the Tax Court1 entered in a consolidated proceeding to set aside assessed deficiencies in the estate tax of the Estate of Mary E. Burrow, the income tax of the Mary E. Burrow Trust and the income tax of James R. Burrow, II, trust beneficiary. The Tax Court held that the trustees' fees incurred in the administration of the estate and paid by the Mary E. Burrow Trust under...

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