Commissioner of Internal Revenue v. Tyler

THOMPSON, Circuit Judge.

This is a petition for review of a decision of the Board of Tax Appeals. The facts, as set forth in the petitioner’s brief, are as follows:

The respondents are the trustees of the last will and testament of William L. Elkins, deceased, and in that capacity wore the holders of 66 shares of the capital stock of the Delaware Company which had been acquired by the decedent prior to March 1, 1913, and upon the latter date had a value of $100 per share. The Delaware Company owned a controlling stock interest in the Westmoreland Water Company, a Pennsylvania corporation, and…