The Alabama Polytechnic Institute v. District of Columbia

WASHINGTON, Circuit Judge.

This is a tax case, presenting problems related to those dealt with in McCeney v. District of Columbia, 1956, 97 U.S.App.D.C. 282, 230 F.2d 832.

The petitioner here is remainderman under a testamentary trust which directed the trustees to pay the income to the named beneficiary for life, and authorized them to pay to the latter in addition such sums out of principal “as may be necessary to suitably maintain her in as much comfort as she now enjoys.” The District of Columbia assessed a tax against the petitioner based on a value computed by subtracting from the market…