ESTATE OF SCHILDKRAUT v. C. I. R.

No. 354, Docket 30223.

368 F.2d 40 (1966)

ESTATE of Sol SCHILDKRAUT, Deceased, Eugene Schildkraut and Lester Schildkraut, Executors, Petitioners, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Second Circuit.

Decided October 27, 1966.


Attorney(s) appearing for the Case

Charles M. McCarty, Brooklyn, N. Y. (George C. Wildermuth, Brooklyn, N. Y., on the brief), for petitioners.

Solomon L. Warhaftig, Washington, D. C. (Mitchell Rogovin, Asst. Atty. Gen., Lee A. Jackson, Melva M. Graney, Washington, D. C., Attorneys, on the brief), for respondent.

Before FRIENDLY, HAYS and FEINBERG, Circuit Judges.


FEINBERG, Circuit Judge:

The issue in this case is whether a decedent's estate should be denied both a marital and charitable estate tax deduction for the corpus of a trust even though the entire corpus must ultimately go either to decedent's widow or to a bona fide charity. For reasons set forth below, we conclude that the decision of the Tax Court to deny both deductions was unjustified; we hold that at least a charitable deduction is warranted.

The facts...

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