Commissioner of Internal Revenue v. Schwarz

MANTON, Circuit Judge.

This appeal involves the federal estate tax under the Revenue Aet of 1926, § 302 (e), 44 Stat. 9, 70, 26 USCA § 1094(c). The Board of Tax Appeals held that the trust, here considered, should not be taxed as part of the corpus of the estate of the decedent. The Commissioner petitions for a review pursuant to sections 1002, 1003, of the Revenue Act of 1926, e. 27, 44 Stat. 9, 109, 110 (26 USCA §§ 1225, 1226) and section 1001 (a), as amended by section 1101(a) of the Revenue Act of 1932, e. 209, 47 Stat. 169 (26 USCA § 1224).

On June 7, 1922, decedent, George F. Schwarz,…