Congdon v. Commissioner of Internal Revenue

SANBORN, Circuit Judge.

This is a petition to review an order of the Board of Tax Appeals redetermining an alleged deficiency in the income taxes of Clara B. Congdon for the year 1931. The sole question presented is whether $16,386.90, received in 1931 by Mrs. Cong-don from the testamentary trustees of the estate of her deceased husband, Chester A. Congdon, was taxable to her as income. The Commissioner determined that it was taxable, and, upon review, the Board of Tax Appeals reached the same conclusion.

The facts are not in dispute, and it is conceded that if, under the terms of Mr. Congdon’s…