Commissioner of Internal Revenue v. Sharp

DICKINSON, District Judge.

There are two petitions for review of the decision of the Board of Tax Appeals, one by the Commissioner and the other by the taxpayer in the nature of cross-appeals. They were argued together but it will contribute to clarity to dispose of them separately. The taxpayer is the estate of Walter P. Sharp, deceased. His executors returned as his taxable estate property the assessed tax upon which was $9,855.58. The controversy here presented began with a notice from the Commissioner under section 308 (a) of the Revenue Act of 1926 (44 Stat. 75) of a tax deficiency claim…