Newhall v. Casey

BREWSTER, District Judge.

This is an action at law, brought by the executors of the estate of Gustavo Preston against the collector of internal revenue for this district, to recover certain estate tax assessed under the Revenue Act of 1916 amounting to $1,446.37, which the plaintiffs allege was unlawfully exacted.

The controversy arises over the fact that the taxing authorities insisted upon including in the gross estate of decedent the value at the time of his death of certain securities transferred by the decedent to his wife during his lifetime. It appears that between May 21,1917, and June…