Commissioner of Internal Revenue v. Barnard's Estate

CLARK, Circuit Judge.

These are cross-petitions for review of a decision of the Tax Court sustaining in part and disallowing the remainder of a deficiency in gift tax determined by the Commissioner. The deficiency arose out of the failure of'Josephine S. Barnard, of whose will the petitioner, City Bank Farmers Trust Co., is executor, to include in her 1943 gift tax return two transfers of $50,000 each to her husband,' Henry H. Barnard, based respectively upon a separation agreement' and a contemporaneous agreement conditioned on a divorce between the parties. '

The stipulated facts, pertinent…