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BETHEA v. SCOFIELD

Civil Action No. 223.

74 F.Supp. 31 (1947)

BETHEA v. SCOFIELD.

District Court, W. D. Texas, Austin Division.

August 19, 1947.

Attorney(s) appearing for the Case

J. B. Lewright and Muckleroy McDonald, both of San Antonio, Tex., for plaintiff.

Wm. B. Waldo, Sp. Asst. to Atty. Gen., and J. M. Burnett, U. S. Atty., of San Antonio, Tex., for defendant.

RICE, District Judge.

The questions presented are:

(1) Was the entire corpus of the Catherine Henke Trust includible in the gross estate of Catherine Henke, deceased, as a gift made in contemplation of death, within the meaning of Section 302(c), Revenue Act of 1926, as amended 26 U.S.C.A. Int. Rev.Code, § 811(c); or

(2) Was the entire corpus includible because intended to take effect in possession or enjoyment at or after the testator's death...

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