Hesslein v. Hoey

SWAN, Circuit Judge.

This is an action to recover the amount of a gift tax alleged to have been illegally collected from the plaintiff by the defendant, collector of internal revenue for the Second District of New York. A motion to dismiss the complaint as insufficient was denied and, the defendant electing to stand upon his motion, judgment was entered for the plaintiff. The question presented is whether the creation of a trust for donee beneficiaries, in which the settlor reserves power to aller the trust in any manner not beneficial to himself or his estate, is a transfer subject to the…