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Beeley, Alfred S., v. War Contracts Price Adjustment Board..

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Bibb Manufacturing Co. v. Secretary of War-

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Keystone Brass Works..

Kingan & Co. v. War Contracts Price Adjustment Board...

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Simon, Virginia J.

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Slavin Amusement Co..-

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Stewart Dickson & Co.

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Stoldt, Sydney V., and Wife.

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Stringham, L. Keever..

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Texas Co. (Caribbean) Ltd.

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Texas Pipe Bending Co. v. War Contracts Price Adjustment Board.

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Tipton, M. L., Executor.

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Tri-State Realty Co..

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Union Bus Terminal, Inc...

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Van Anda, Carr V., Estate.

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Van Tuyl, E. Everett..

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Weitch, Nora Reynolds Albertini, Executrix.

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Waters, Kenneth___

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Whitman, Lucilla de V.

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Wibbelsman, George J.

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Witchell, Frank O.

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Williamson, Ruth C.

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Wolff, Donald D., and Wife..

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Wooten, Hoyt B.

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DECISIONS

OF THE

TAX COURT OF THE UNITED STATES

ESTATE OF CHARLES J. ROSEBAULT, LAURA D. ROSEBAULT, EXECUTRIX, PETITIONER, D. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Docket No. 15393. Promulgated January 5, 1949.

On the facts, held, that the transfer of certain securities by
decedent to his wife on June 18, 1941, was not made in contemplation
of death.

Mark G. Holstein, Esq., for the petitioner.
Rigmor O. Carlsen, Esq., for the respondent.

This proceeding involves a deficiency in estate tax determined by respondent in the amount of $13,319.72. The sole issue is whether the gift by decedent to his wife, Laura D. Rosebault, of certain securities from their joint account on June 18, 1941, was a transfer in contemplation of death within the meaning of section 811 (c) of the Internal Revenue Code.

At the trial respondent conceded that upon proof of payment of New York State estate taxes by petitioner the latter would be entitled to a credit of the amount of such payment in computing its Federal estate tax liability. A certificate of payment of such state estate tax in the amount of $826.34 has been filed with this Court since the hearing and has been made a part of the record. Therefore, petitioner is entitled to a credit of $826.34 in recomputing its liability under Rule 50.

The estate tax return was filed with the collector of internal revenue for the third district of New York.

The facts are in part stipulated and such facts are so found.

FINDINGS OF FACT.

This proceeding is brought by Laura D. Rosebault, the widow of the decedent, Charles J. Rosebault, as the duly constituted executrix

of his estate.

Decedent was born August 16, 1864. He died suddenly of a coronary occlusion on March 19, 1944, at the age of 79.

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