Opinion
Nos. 8747, 8748.
Argued February 12, 1945.
Decided February 14, 1945.
On Petitions for Review of the Decisions of the Tax Court of the United States.
H. Ober Hess, of Philadelphia, Pa. (William R. Spofford and Ballard, Spahr, Andrews Ingersoll, all of Philadelphia, Pa., on the brief), for petitioners.
Helen Goodner, of Washington, D.C. (Samuel O. Clark, Jr., Asst. Atty. Gen., and Sewall Key, A.F. Prescott, and Irving R. Panzer, Sp. Assts. to Atty. Gen., on the brief), for respondent.
Before PARKER and GOODRICH, Circuit Judges, and BARD, District Judge.
The decision of the Tax Court, 3 T.C. 670, as against the trustee is affirmed on authority of Baur v. Commissioner, 3 Cir., 145 F.2d 338; Fidelity Trust Co. v. Commissioner, 3 Cir., 141 F.2d 54. We think, also, that as against the beneficiary of the trust it should be affirmed. See Commissioner v. Hart, 3 Cir., 106 F.2d 269, 271. It is not necessary to discuss the latter proposition at length, since the judgment against the trustee renders the judgment against the beneficiary unimportant in this case.
Affirmed.