MANUFACTURERS HANOVER TRUST CO. v. C. I. R.

No. 810, Docket 34105.

431 F.2d 664 (1970)

MANUFACTURERS HANOVER TRUST CO., Robert P. Payne and Charles C. Parlin, as Trustees U/I 6/4/32 by Anne D. Dillon, as Grantor, Appellees, v. COMMISSIONER OF INTERNAL REVENUE, Appellant.

United States Court of Appeals, Second Circuit.

Decided September 14, 1970.


Attorney(s) appearing for the Case

Charles C. Parlin, James R. Rowen, James S. Little, Shearman & Sterling, New York City, for appellees.

Johnnie M. Walters, Asst. Atty. Gen., Lee A. Jackson, Elmer J. Kelsey, Robert I. Waxman, Attys., Dept. of Justice, Washington, D. C., for appellant.

Before WATERMAN, FRIENDLY and HAYS, Circuit Judges.


WATERMAN, Circuit Judge:

The sole issue presented by this petition to review a decision of the Tax Court in favor of taxpayer, a trust, is whether a deduction claimed for the portion of the amortized cost of a purchased life estate which is allocable to income received from tax exempt interest is disallowed by § 265 (1) of the Internal Revenue Code.

The basic facts may be briefly summarized. In 1958, Clarence Dillon assigned 72% of his life estate and...

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