O'BRIEN v. COMMISSIONER

Docket No. 5932-65.

46 T.C. 583 (1966)

WILLIAM D. O'BRIEN AND GERTRUDE O'BRIEN, PETITIONERS, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

United States Tax Court.

Filed August 10, 1966.


Attorney(s) appearing for the Case

Edward R. Smith and William Norton Baker, for the petitioners.

Williard A. Herbert, for the respondent.


DAWSON, Judge:

Respondent determined a deficiency in income tax against petitioners for the taxable year 1964 in the amount of $6,079.90.

The sole issue for decision is whether the petitioners are entitled to deduct as a charitable contribution under section 170, I.R.C. 1954, the value of a remainder interest in property given by them in 1964 to the William D. and Gertrude T. O'Brien Charitable Trust. An automatic...

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