Commissioner of Internal Revenue v. Beebe

I am unable to concur in the disposition of the case arrived at in the opinion of my colleagues. The contention of the appellee and the order of the Board of Tax Appeals seem to me to ignore certain facts that to my mind should be decisive of the case.

Marcus Beebe, the decedent, died in January, 1924, and by his will devised and bequeathed all the residue of his estate to the appellee and a brother, Frederick Beebe, as trustees, and named them as executors of his will, and directed his executors and trustees to pay to his son, Marcus Beebe, Jr., when he arrived at the age of thirty years,…