Dauphin Deposit Trust Co. v. McGinnis

STALEY, Circuit Judge.

This appeal requires us to determine whether plaintiffs’ decedent, Gertrude-McCormick, had such an interest in two> separate trusts at the time of her death that they are includible in her gross estate under the applicable provisions of the Internal Revenue Code of 1939. In a suit for refund of estate taxes, the district court answered this question in the affirmative. 208 F.Supp. 228 (M.D.Pa., 1962).

The parties entered into a stipulation of the operative facts in the district court. Because a resolution of the issues presented requires an analysis of two distinct and…