ESTATE OF HAMLIN v. COMMISSIONER

Docket No. 10587.

9 T.C. 676 (1947)

ESTATE OF THEODORE O. HAMLIN, BY LINCOLN ROCHESTER TRUST COMPANY (SUCCESSOR BY MERGER TO ROCHESTER TRUST AND SAFE DEPOSIT COMPANY), EXECUTOR, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

United States Tax Court.

Promulgated October 14, 1947.


Attorney(s) appearing for the Case

Scott Stewart, Jr., Esq., for the petitioner.

Thomas R. Charshee, Esq., for the respondent.


The Commissioner determined a deficiency of $8,599.92 in estate tax, part of which resulted from the inclusion in the gross estate of the commuted value of an instrument executed by the decedent's daughter on July 5, 1933. The petitioner assigns that action as error.

FINDINGS OF FACT.

The petitioner is the executor under the will of the decedent, who died on November 16, 1941. He was then ninety-six years of age and was survived by two daughters. The petitioner...

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