National Bank of Commerce of Portland v. Clinton A. Clauson, Collector

WOODBURY, Circuit Judge.

This is an appeal by a bank acting in the capacity of an executor from a judgment in a suit brought by it against a Collector of Internal Revenue to recover estate taxes. The only question presented is whether the plaintiff-executor’s decedent, Isabelle C. Harmon, was a transferor within the meaning of § 811 (d) of the Internal Revenue Code of 1939 as to one-third of a certain inter vivos trust created in January 1926.

The facts were stated in full detail by the District Court. See 127 F.Supp. 386. It will suffice only to summarize them here.

Isabelle C. Harmon, the…