Estate of Freund v. Commissioner

SWAN, Circuit Judge.

Sanford Freund, a resident of Ridge-field, Connecticut, died testate on November 29, 1954. His will, after minor specific bequests, provided that the remainder of his estate should be held in trust, the income to be paid to his surviving sister during her life, and the principal, upon her death, to be paid to Harvard College. The question presented by this appeal is whether the Tax Court erred in deciding, upon stipulated facts, that the estate was entitled to only a part of the deduction claimed under Section 642(c) of the Internal Revenue Code of 1954, 26 U.S.C.A. §…