Fry's Estate v. Commissioner of Internal Revenue

This is a petition to review a decision of the Tax Court. The question presented is whether a lump sum payment to the decedent in 1947 from an employees’ pension trust established by his employer was taxable to him as a capital gain or as if it were an annuity. The payment was made to the decedent upon his certification that he had reached the retirement age of 70 years but it appeared that he thereafter continued to render some services to his employer and continued to receive from his employer the same compensation which he had previously received. The Tax Court held that the payment was…