Estate of Oei Tjong Swan, Oei Ing Tjhing v. Commissioner of Internal Revenue

LUMBARD, Circuit Judge.

The issue in this case is whether assets in bank accounts in this country in the name of two foreign family foundations are includible in the estate of the nonresident alien who founded and controlled them, and who, at the time of his death, was not engaged in business in the United States, under § 862(b) of the Internal Revenue Code of 1939 (now Internal Revenue Code of 1954, § 2104 (b), 26 U.S.C.A. § 2104(b)), or whether the moneys deposited are exempt under § 863(b) of the Internal Revenue Code of 1939 (now Internal Revenue Code of 1954, § 2105(b), 26 U.S.C.A. § 2105…