Commissioner of Internal Revenue v. BARNES'ESTATE

BUFFINGTON, Circuit Judge.

The underlying question in these cases is whether a bona fide gift of an interest in a coal-mining company partnership in Pennsylvania was made by their respective husbands to the two women taxpayers. No notice was given to the third partner of the gift, transfer to the women was not registered, and they took no part in the management; they received the profits accruing to them as partners, made income reports accordingly, and paid the tax.

The Commissioner contended thei gifts were not made in good faith and assessed the tax against the husbands. On appeal, the tax…