187 F2d 145 Commissioner of Internal Revenue v. C Wilson's Estate

187 F.2d 145

51-1 USTC P 10,795

COMMISSIONER OF INTERNAL REVENUE, Petitioner,
v.
C. Dudley WILSON'S ESTATE, Deceased, the Trenton Banking
Company, Executor, Respondent.

No. 10351

United States Court of Appeals Third Circuit.

Argued Feb. 20, 1951.
Decided Feb. 26, 1951.

Edward J. P. Zimmerman, Washington, D.C. (Theron Lamar Caudle, Asst. Atty. Gen., Ellis N. Slack, A. F. Prescott, Sp. Assts. to the Atty. Gen., on the brief), for petitioner.

James O. Wynn, New York City (W. Arthur Campbell, George G. Blattmachr, G. Harold Blattmachr, New York City, on the brief), for respondent.

Before MARIS, McLAUGHLIN and HASTIE, Circuit Judges.

PER CURIAM.

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1

The sole question presented by this case is whether two trusts created by the decedent in 1937 for the benefit of his children were subject to estate tax upon his death in 1945 because he retained the power to terminate the trusts. For the reasons stated in the opinion filed by Judge Murdock for the Tax Court in banc, 13 T.C. 869, we are satisfied that the trusts were not subject to the decedent's power to terminate them. The Tax Court, therefore, rightly held that they were not subject to the estate tax.

2

The decision of the Tax Court will be affirmed.