Commissioner v. Stickney (399 F.2d 828, 1968)

JOHN W. PECK, Circuit Judge.

This is the fourth time that this case has been the subject of judicial consideration. The original determination made by the Tax Court in favor of the taxpayer was brought before this court for review by the Commissioner of Internal Revenue. Our order of remand again resulted in a conclusion favorable to the Taxpayer, albeit by a divided Tax Court, and the Commissioner has again petitioned for review here. During the pendency of these proceedings the Taxpayer principally concerned (his wife is a party hereto solely by virtue of their filing of joint returns) died and the executor of his estate has been substituted as a party. However, for simplicity the parties will herein be referred to as “Taxpayer” and “Commissioner.”

. The issue involves the tax consequences