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U.S. Court of Appeals for the Third Circuit, 1945

Fidelity-Philadelphia Trust Co. v. Commissioner of Internal Revenue

Fidelity-Philadelphia Trust Co. v. Commissioner of Internal Revenue
U.S. Court of Appeals for the Third Circuit · Decided February 14, 1945
147 F.2d 290; 33 A.F.T.R. (P-H) 667; 1945 U.S. App. LEXIS 4359 (Federal Reporter, Second Series)

Counsel

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.

Fidelity-Philadelphia Trust Co. v. Commissioner of Internal Revenue

Opinion of the Court

PER CURIAM.

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 *291proposition at length, since the judgment against the trustee renders the judgment against the beneficiary unimportant in this case.

Affirmed.

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