De Castro's Estate v. Commissioner of Internal Revenue

Second Circuit

De Castro's Estate v. Commissioner of Internal Revenue

155 F.2d 254, 34 A.F.T.R. (P-H) 1335, 1946 U.S. App. LEXIS 3409

Court of Appeals for the Second Circuit·Decided April 22, 1946·No. 226·Published·Cited by 21 cases

Opinion

*257 FRANK, Circuit Judge.

In Ithaca Trust Co. v. United States, 279 U.S. 151, 49 S.Ct. 291, 73 L.Ed. 647, the will gave the wife a life estate with authority to use from the principal any sum “that may be necessary to suitably maintain her in as much comfort as she now enjoys.” In Merchants National Bank of Boston v. Commissioner, 320 U.S. 256, 64 S.Ct. 108, 88 L.Ed. 35, the Court purported to'distinguish the Ithaca Trust case. Whether, in doing so, the Court so narrowed its scope as virtually to overrule it sub silentio we need not here consider. For we agree with the Tax Court that the instant case is controlled by Merchants National Bank.

Affirmed

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*257 FRANK, Circuit Judge.

In Ithaca Trust Co. v. United States, 279 U.S. 151, 49 S.Ct. 291, 73 L.Ed. 647, the will gave the wife a life estate with authority to use from the principal any sum “that may be necessary to suitably maintain her in as much comfort as she now enjoys.” In Merchants National Bank of Boston v. Commissioner, 320 U.S. 256, 64 S.Ct. 108, 88 L.Ed. 35, the Court purported to'distinguish the Ithaca Trust case. Whether, in doing so, the Court so narrowed its scope as virtually to overrule it sub silentio we need not here consider. For we agree with the Tax Court that the instant case is controlled by Merchants National Bank.

Affirmed

De Castro's Estate v. Commissioner of Internal Revenue, 155 F.2d 254, 34 A.F.T.R. (P-H) 1335, 1946 U.S. App. LEXIS 3409 (2d Cir. 1946).

Pincite

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Opinion

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