Commissioner of Internal Revenue v. Citizens & Southern Nat. Bank

HUTCHESON, Circuit Judge.

The taxpayer, executor under a will leaving all of testator’s property, subject to special bequests1 payable out of income, to a charitable foundation,2 to use the income for “charity purposes”, claimed deductions in 1936, 1937, 1938 and 1939 for payment of the bequests as allowable under Sections 162(b) or (c), amounts distributa*979ble currently to beneficiaries, and the balance as paid or permanently set aside for charitable uses pursuant to the will, and, therefore, allowable under Section 162(a), Rev. Acts of 1936 and 1938, 26 U.S.C.A. Int.Rev.Code, § 162(a-c).3 The…