Estate of Carl J. Guenzel, Deceased, Ernest Usher Guenzel and Carl Stanley Guenzel, Executors v. Commissioner of Internal Revenue

VAN OOSTERHOUT, Circuit Judge.

This is a petition to review the decision of the Tax Court (opinion reported 28 T.C. 59) which upheld a deficiency assessment of estate tax against the executors of the Estate of Carl J. Guenzel, who -will hereinafter be referred to as taxpayers. The assessment was based upon the inclusion of the corpus of the Carl J. Guenzel Trust in the gross estate of Carl j# Guenzel. '

Carl j. Guenzel died on March lg 1951 a resident of Nebraska. An estate tax return wag filed and all egtate tax due was paid) except on the value of the cor-pug of the Carl j. Guenzel Trust.…