Wells Fargo Bank & Union Trust Co. v. Commissioner of Internal Revenue

GARRECHT, Circuit Judge.

This case was presented to the Tax Court upon a stipulation of facts, which discloses the following:

Wells Fargo Bank & Union Trust Co., Petitioner, as trustee of the Clara Heilman Heller Trust, on October 31, 1939 leased a ranch of approximately 37,333 acres situated in California to Edward H. Heller. The lease was for the term of five years, provided for an annual rental and gave the lessee the right to cancel at the end of any year of the term upon ninety days’ written notice. Heller, as lessee, went into possession and entered into subleases of various portions of…