Legal Opinion · Dissent

Commissioner of Internal Revenue v. Henry's Estate

Court of Appeals for the Third Circuit

Decided April 17, 1947No. 9024Published

1DissentO’Connell, Circuit Judge

As the majority opinion indicates, the case sub judice was heard by a division of this court on January 7, 1946. There was no contest as to the facts or inferences legitimately to he drawn therefrom. We concluded that the sole question presented for our determination was one of law; viz., had decedent made completed gifts in trust, with life income reserved, prior to the effective date of the Joint Resolution of 1931 ? In the case of the Standard Oil securities, the answer depended upon when decedent became irrevocably and filially bound by the Deed of 1915; in the case of the non-Standard…

2Cases cited11 opinions

  1. Helvering v. HallockSupreme Court of the United States · 1940
  2. Helvering v. StuartSupreme Court of the United States · 1942
  3. Trust Under the Will of Bingham v. CommissionerSupreme Court of the United States · 1945
  4. Hassett v. WelchSupreme Court of the United States · 1938
  5. Fidelity-Philadelphia Trust Co. v. RothensiesSupreme Court of the United States · 1945

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