Baldwin v. Commissioner of Internal Revenue

STEPHENS, Circuit Judge.

This appeal involves estate taxes in the amount of $2,034.74, and is taken from the decision of the Board of Tax Appeals entered March 27, 1941 sustaining the determination of the Commissioner to the effect that a certain transfer from the decedent to her son was one intended to take effect in possession or enjoyment at or after death. Section 302(c), Revenue Act of 1926, 26 U.S.C.A. Int.Rev.Acts, page 227.

We are first faced with the question concerning the admissibility of the testimony of one David Cosgrave, who had been the attorney for the decedent during her…