Emery v. United States

WYZANSKI, District Judge.

This is an action for the refund of gift taxes paid for the year 1949. The issue is whether when on July 1, 1949 the taxpayer executed what she called a '“release of power of appointment and other powers” with respect to five trusts created on August 20, 1937 by her husband, she engaged in a taxable exercise of a power of appointment under the provisions of § 1000(e) of the Internal Revenue Code of 1939, as amended, 26 TJ.S.C.A. § 1000(c), or, on the contrary, she came within the exception provided by § 452(c) (1) of the Revenue Act of 1942, c. 619, 56 Stat. 798, 952…