Commissioner of Internal Revenue v. Maguire

KERNER, Circuit Judge.

■ This is a petition to review an order of the Board of Tax Appeals, in a proceeding for determination of an alleged deficiency in respondent’s income tax for the calendar year 1930. The Commissioner of Internal Revenue had asserted a deficiency of $71,429.62. The Board on March 29, 1939 entered its order finding a deficiency in the amount of $46,443.60.

Gustavus Swift, a resident of Illinois, died on March 29, 1903. He left surviving him his widow and nine children, one of whom, Ruth S. Maguire, and her husband are the respondents herein. He left a will which was duly…