ZIRJACKS v. SCOFIELD

No. 13922.

197 F.2d 688 (1952)

ZIRJACKS v. SCOFIELD.

United States Court of Appeals Fifth Circuit.

June 30, 1952.


Attorney(s) appearing for the Case

Muckleroy McDonnold, San Antonio, Tex., for appellant.

Carolyn R. Just, Sp. Asst. to Atty. Gen., Ellis N. Slack, Acting Asst. Atty. Gen., for appellee.

Before HUTCHESON, Chief Judge, and RUSSELL and STRUM, Circuit Judges.


STRUM, Circuit Judge.

The determinative question here is whether or not, for estate tax purposes, the corpus of a trust created August 25, 1939, by Charles C. Zirjacks and his wife for the benefit of the trustors' two children and the children of the latter, should be included, pursuant to Sec. 811(d) (1) of the Internal Revenue Code, 26 U.S.C.A. § 811(d) (1), in valuing the gross estate of Charles C. Zirjacks, now deceased.

The trust was created in Texas...

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