Commissioner of Internal Revenue v. Strauss

EVANS, Circuit Judge.

Both parties appeal from a decision of the Board of Tax Appeals which awarded a deficiency estate tax against the estate of Milton L. Strauss, deceased. The Commissioner objects to the Board’s exclusion from the gross estate of a substantial sum ($80,350.71), which the decedent had placed in a trust fund. He also challenges the deductibility of certain loans alleged to have been made to decedent by his wife and his son, which loans the Board held deductible. The executors on their appeal dispute the correctness of the Board’s action in including in the gross estate the…