Legal Opinion

Leubuscher v. Commissioner of Internal Revenue

Court of Appeals for the Second Circuit

Decided January 4, 1932No. 126PublishedCited by 22 opinions

1Opinion of the Court

MANTON, Circuit Judge.

This petition seeks a review of a determination of the Board of Tax Appeals holding that certain legacies provided in the will of Robert Schalkenbaeh are not deductible in computing the estate tax. The deduction is claimed because two bequests are said to be “exclusively for educational purposes.” The first bequest provided for by the will is as follows:

“Forty-first. Being firmly convinced that the principles expounded by Henry George in his immortal hook entitled ‘Progress and Poverty’ will, if enacted into law, give equal opportunity to all and tend to the betterment…

2Cases cited4 opinions

  1. Slee v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1930
  2. Schoenheit v. LucasCourt of Appeals for the Fourth Circuit · 1930
  3. Chemists' Club v. United StatesUnited States Court of Claims · 1927
  4. Weyl v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1931

3Cited by22 opinions

  1. United States v. HarrissSupreme Court of the United States · 1954
  2. Roche's Beach, Inc. v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1938
  3. First Unitarian Church v. County of Los AngelesCalifornia Supreme Court · 1957
  4. Hazen v. National Rifle Ass'n of AmericaCourt of Appeals for the D.C. Circuit · 1938
  5. Taxation With Representation of Washington v. Donald T. Regan, Secretary of the TreasuryCourt of Appeals for the D.C. Circuit · 1982

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