Grosse

The Commissioner petitions for review of a decision of the Board of Tax Appeals in favor of the taxpayer, in the matter of an estate tax in the estate of John Grosse, deceased.

On March 31, 1919, the decedent conveyed, by absolute and unconditional grant deed, 'a piece of real estate known as the Grosse Building, in Los Angeles, California, to his wife, Annie Grosse, and his children, Harry F. Grosse, Irene Grosse, Florence Grosse, and the Los Angeles Trust & Savings Bank, as joint tenants. On the same day the grantees executed a declaration of trust providing in detail for the payment of the net income derived from the property to the decedent’s mother, Mary E. Grosse, and to his wife and children. Upon the death of all the beneficiaries the Los Angeles Trust & Savings Bank, as trustee, was to “convey, deliver and pay over all the corpus of the trust property then in its possession or under its contraigas follows:

“Unto the trustor, John Grosse, in the event he survives the termination of said trust.

“In the event the said trustor does not survive the termination of this trust, unto his lineal descendants, if any, per stirpes, and if none, then unto his heirs at law in…