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ESTATE OF W. R. BURT TRUSTS NO. 27 AND 27A v. COMMISSIONER

Docket No. 19473.

12 T.C. 675 (1949)

ESTATE OF W. R. BURT TRUSTS NO. 27 AND 27A, SECOND NATIONAL BANK & TRUST COMPANY OF SAGINAW, TRUSTEE, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

United States Tax Court.

Promulgated April 29, 1949.

Attorney(s) appearing for the Case

Frank W. Coolidge, Esq., and John C. Evans, Esq., for the petitioner.

A. J. Friedman, Esq., for the respondent.

OPINION.

JOHNSON, Judge.

The Commissioner determined a deficiency of $5,745.93 in petitioner's income tax for 1942 and a deficiency of $8,046.13 in its income and victory tax for 1943, in part by disallowing as a deduction a percentage of amounts distributed to beneficiaries pursuant to decedent's will equal to the tax-exempt percentage of total trust income available for distribution. Petitioner contends that the full amounts paid to the beneficiaries...

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