Vanderbilt v. Commissioner of Internal Revenue

BINGHAM, Circuit Judge.

This is a petition to review an order or decision of the Board of Tax Appeals sustaining a deficiency assessment against the estate of Alva E. Belmont for the year 1933, in the sum of $31,425.13.

The question raised by the petition is whether, under section 303 (a) (3) of the Revenue Act of 1926, 26 U.S.C.A. § 412 (d) and note, the executors were entitled to deduct from the value of the gross estate, for purposes of the tax, the sum of $100,000 which Mrs. Belmont bequeathed to the National Woman’s Party. The facts found by the Board, based on a stipulation of facts, were…