Continental Illinois National Bank and Trust Company of Chicago v. The United States

On the undisputed facts I would hold that paragraph (3) of Section 2055(a) of Title 26 permits the deduction, and therefore I would not reach plaintiff’s alternative contentions that the bequest is also deductible under paragraph (2) of Section 2055(a) or exempted by the Treaty.

I

The general rule that a tax deduction is allowable only if specifically authorized in the Internal Revenue Code (e. g., New Colonial Ice Co., Inc. v. Helvering, 292 U.S. 435, 440, 54 S.Ct. 788, 78 L.Ed. 1348 (1934)) does not dictate a niggardly construction of Section 2055 (a). The provisions, including 2055(a),…