POWE v. COMMISSIONER OF INTERNAL REVENUE

No. 24299.

389 F.2d 46 (1967)

Margaret Thomas POWE, William A. Powe, Petitioners, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Fifth Circuit.

Rehearings Denied February 23, 1968.


Attorney(s) appearing for the Case

deQuincy V. Sutton, Meridian, Miss., for petitioners.

Lester R. Uretz, Chief Counsel, IRS, Christopher J. Ray, Atty., IRS, Mitchell Rogovin, Asst. Atty. Gen., Lee A. Jackson, Harry Marselli, Meyer Rothwacks, Deene R. Goodlaw, William A. Friedlander, Attys., Dept. of Justice, Washington, D. C., for respondent.

Before RIVES and GODBOLD, Circuit Judges, and HUGHES, District Judge.


PER CURIAM.

On April 22, 1958, petitioners, husband and wife, created an irrevocable trust for the benefit of various members of their family. The property conveyed, among other items consisted of nine parcels of land. A gift tax return, filed for the year 1958, reported the fair market value of the nine parcels as $326,630.00. The Commissioner of Internal Revenue, in a deficiency notice, increased the valuation to $664,179.00. In a hearing before the Tax Court, following...

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