Agnes J. Tuck, as of the Estate of George A. Tuck, Deceased v. United States

George A. Tuck, hereafter referred to as decedent, died on August 22, 1952. Appellant is his widow and the duly appointed executrix of his estate. As executrix she filed Form 706, Estate Tax Return and paid the tax shown therein in the amount of the $45,874.70. Thereafter, appellee United States of America, acting through its Commissioner of Internal Revenue, assessed additional taxes of $28,091.05 against the estate of decedent. Appellant paid the $28,091.05 and thereafter instituted this action to recover said amount together with an additional $3,000 which she claims was erroneously paid originally.

Three basic issues are presented for our determination: (1) Was stock received in a stock dividend declared by Atlas Heating & Ventilating Co. (hereinafter Atlas) includable in the gross estate of decedent? (2) Were the fair market values of the Tuck stock in Atlas and in International Sales Corporation properly determined in assessing additional estate taxes? (3) Should $6,-399.65 of a contribution made to Atlas by the Tuck family trust be allowed as a deduction from decedent’s gross estate? We proceed to a discussion of these issues in turn.

The Stock Dividend Issue.

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