Pennsylvania Co. For Banking & Trusts v. United States

This case presents the question whether United States bonds owned by a non-resident alien but physically present in this country at the time of the alien’s death are to be included in the decedent’s gross estate and subject to federal estate tax. The District Court, following the Second Circuit decision in Jandorf’s Estate v. Commissioner of Internal Revenue, 1948, 171 F.2d 464, held that the bonds were not to be considered in measuring the estate tax. D.C.E.Pa.1950, 91 F.Supp. 237.

We agree with the District Court and with the Second Circuit. The question is a close one. All the points…