C. I. R. v. GOLDSTEIN'S ESTATE

No. 24, Docket 28808.

340 F.2d 24 (1965)

COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. ESTATE of Abraham GOLDSTEIN, Deceased, Anna Goldstein, Ellie Goldstein and Ziona Kaplan, Executors, and Anna Goldstein, Respondents.

United States Court of Appeals Second Circuit.

Decided January 5, 1965.


Attorney(s) appearing for the Case

Richard J. Heiman, Atty., Dept. of Justice, Washington, D. C. (Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson and David O. Walter, Dept. of Justice, on the brief), for petitioner.

Samuel J. Foosaner, of Foosaner, Saiber & Schlesinger, Newark, N. J., for respondents.

Before WATERMAN, MOORE and SMITH, Circuit Judges.


SMITH, Circuit Judge:

This is a petition by the Commissioner of Internal Revenue for review of a decision of the Tax Court of the United States, Withey, J., granting taxpayers' petition for redetermination of deficiency in individual income tax for 1950 assessed by Commissioner. Taxpayers are the executors of the estate of Abraham Goldstein, and Anna, his widow. In 1950 Abraham and his wife, Anna were the shareholders in A & A Corporation, an insurance agency...

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