Commissioner v. Libbey

BINGHAM, Circuit Judge.

This.is a petition to review a decision or order of the. Board of Tax Appeals of November 9, 1937, in which it was ordered that the respondent had overpaid her income tax for the year 1932 by $351.47 for which she had duly claimed a refund.

The facts out of which the controversy arises are in substance as follows: Win-field S. Libbey, of Lewiston, Maine, died in 1914, leaving a will, which made. certain bequests that were to be paid as annuities to his wife, and .bequeathed and devised the remainder of his estate to trustees. After providing for the payment of the…