ESTATE OF TOELLER v. COMMISSIONER

Docket No. 6890.

6 T.C. 832 (1946)

ESTATE OF JOHN J. TOELLER, FRANKLIN MAYO, ADMINISTRATOR WITH WILL ANNEXED, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

United States Tax Court.

Promulgated April 26, 1946.


Attorney(s) appearing for the Case

Charles R. Sprowl, Esq., and Cassius M. Doty, Esq., for the petitioner.

Harold H. Hart, Esq., for the respondent.


The Commissioner, on October 13, 1944, determined a deficiency in Federal estate taxes due from the estate of John J. Toeller, deceased, in the amount of $26,206.98, as a result of including in the gross estate the value of the corpus of a trust created by the decedent in 1930, and of disallowing deductions claimed on account of a charitable bequest and certain expense items.

A substantial part of the facts is stipulated. We find them to be as stipulated, and set...

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