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ESTATE OF WARBURTON v. COMMISSIONER

Docket Nos. 63499, 63500.

30 T.C. 34 (1958)

ESTATE OF MARY B. WARBURTON, CHARLES EGERTON WARBURTON AND JANE ALFRED WARBURTON, EXECUTORS, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT. THOMAS B. WANAMAKER, JR., PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

United States Tax Court.

Filed April 15, 1958.

Attorney(s) appearing for the Case

Raymond C. Cushwa, Esq., and George D. Webster, Esq., for the petitioners in Docket Nos. 63499 and 63500.

Gustave F. Straub, Esq., for the petitioner in Docket No. 63499.

William Schwerdtfeger, Esq., for the respondent.

OPINION.

MULRONEY, Judge:

Respondent determined deficiencies for the year 1947 in the Federal income tax of the Estate of Mary B. Warburton in the amount of $110,744.77 and in the Federal income tax of Thomas B. Wanamaker, Jr., in the amount of $42,268.12. The issues are (1) whether certain distributions by a trust on March 11, 1948, constituted ordinary income to the beneficiary-recipients; and (2) whether sections 1311-1315 of the 1954 Internal...

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