Estate of George M. Moffett, Deceased, the Hanover Bank, and James A. Moffett, 2nd v. Commissioner of Internal Revenue

THOMSEN, District Judge.

This is a petition for review of a decision of the Tax Court, 31 T.C. 541, involving estate taxes, specifically a charitable deduction asserted by the executors under sec. 812(d) of the Internal Revenue Code of 1939, 26 U.S.C.A. § 812(d), with respect to a trust created by the will of their decedent, George M. Moffett, who died in December 1951. The question presented is whether the deduction should be restricted to the value of the charitable corporation’s right to receive the trust income during the life of decedent’s widow, as the Commissioner and the Tax Court…