United States v. Clarke

THOMPSON, Circuit Judge.

This is an appeal by the United States from a judgment of the District Court for the Eastern District of Pennsylvania. Within a year of her death, which occurred on June 7, 1928, Mary Jane Clarke transferred stock value! at $518,650 to her son, the appel-lee. All of the assets of her gross estate, other than the stock so transferred, were valued at less than $7,000. On March 1,1929, the ap-pellee filed his return as executor and excluded the value of the stock from the taxable assets of the estate on the ground that the transfer was a gift inter vivos and was not made…