Estate of Charles A. Brooks. Deceased Peoples First National Bank and Trust Company and A. W. Robertson, Executors v. Commissioner of Internal Revenue

GOODRICH, Circuit Judge.

This case involves federal estate tax upon the estate of Charles A. Brooks. The Tax Court decided the case against the taxpayer, executors of the decedent, and they appeal to this Court under § 7482 of the Internal Revenue Code of 1954, 26 U.S.C. § 7482.

The case is an interesting and novel problem under the rather general language of § 812(d) of the Internal Revenue Code of 1939, 26 U.S.C. § 812(d) and has to do with the amount which is to be included in the net estate subject to taxation. That section provides that the net estate is to be determined by deducting from…