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HUTCHINGS v. COMMISSIONER

Docket No. 95359.

1 T.C. 692 (1943)

MARY M. HUTCHINGS, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

United States Tax Court.

Promulgated March 2, 1943.

Attorney(s) appearing for the Case

Thomas W. Lain, Esq., for the petitioner.

Samuel B. Winstead, Esq., for the respondent.

OPINION.

ARNOLD, Judge:

Originally this proceeding involved the number of $5,000 exclusions to which petitioner was entitled in determining her gift tax liability for 1935. Our determination that she was entitled to but one $5,000 exclusion, 40 B. T. A. 27, was reversed by the Circuit Court of Appeals for the Fifth Circuit in Hutchings v. Commissioner, 111 Fed. (2d) 229, which held that the gifts in trust were to be treated as seven...

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