Legal Opinion

Saks v. Higgins

Court of Appeals for the Second Circuit

Decided April 8, 1940No. 283PublishedCited by 4 opinions

1Opinion of the Court

L. HAND, Circuit Judge.

The only question involved in this appeal is the validity of Article 11 of Treasury Regulations 80, implementing § 202(a) of the Revenue Act of 1935, 26 U.S.C.A.Int. Rev.Code § 811(j). The plaintiffs are executors, and in accordance with the privilege granted by § 202(a), they chose to value their testatrix’s estate as of August 30, 1937,.the first anniversary of her death. The case comes to us upon a judgment dismissing the complaint for insufficiency, which described the property erroneously taxed, merely as an income of “.rents, dividends and interest”, received by…

2Cases cited5 opinions

  1. Bowen v. JohnstonSupreme Court of the United States · 1939
  2. Armstrong Paint & Varnish Works v. Nu-Enamel Corp.Supreme Court of the United States · 1938
  3. Koshland v. HelveringSupreme Court of the United States · 1936
  4. United States v. JohnstonSupreme Court of the United States · 1888
  5. Lynch v. Tilden Produce Co.Supreme Court of the United States · 1924

3Cited by4 opinions

  1. Maass v. HigginsSupreme Court of the United States · 1941
  2. O'CONNOR v. United StatesDistrict Court, S.D. New York · 1948
  3. Davidson v. United StatesDistrict Court, E.D. Wisconsin · 1944
  4. Clark v. United StatesDistrict Court, D. Maryland · 1940

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