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45 F.2d 1017

Docket No. 4449.

O'Brien v. Sturgess

Third Circuit Court of Appeals

Decided Jan. 8, 1931.

Third Circuit Court of Appeals · decided 1931-01-08

Cited by 2 later decisions — most recently April 1974

1 federal appellate · 1 district ·

2 counsel of record

Good law ✅— No negative treatment on recordhow we know

Decided 1931-01-08

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¶1Frank S. Bright, of Washington, D. C., H. Collin Minton, Jr., of Trenton, N. J., and Charles W. Jones and Lowndes C. Connally, both of Washington, D. C., for appellant.

¶2Phillip Forman, U. S. Atty., of Trenton, N. J., and I. S. Worth, Asst. U. S. Atty., of Riverside, N. J. (C. M. Charest, Gen. Counsel, Bureau of Internal Revenue, and T. H. Lewis, Jr., and E. J. Dowd, Sp. Attys., Bureau of Internal Revenue, all of Washington, D. C., of counsel), for appellee.

¶3Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.

¶4BUFFINGTON, Circuit Judge.

¶5The question involved in this tax ease is, Where a decedent died within one year before passage of the Revenue Act of 1921, is the liability of his estate for a tax liability imposed by the Revenue Act of 1919 on death, but not collectible for one year thereafter, released and discharged by such act of 1921. The case turned on the meaning of the words of the act, “have accrued or may accrue.” After argument and full consideration, we adopt as our own the comprehensive and able opinion of the trial judge, which is printed in the margin,1 and on it affirm the judgment below.

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