Clarke

This is an action for refund of estate taxes alleged to have been erroneously assessed and collected under the Revenue Act of 1926 on the estate of Chauncey D. Clarke, deceased.

There has been filed-a stipulation of facts and in addition there was oral testimony introduced at the trial of the cause. As the case now stands according to the closing brief of the attorneys for the plaintiff, there are but two questions for decision; all other issues having been disposed of by stipulation or by concessions on the part of the defendant. The two remaining questions for decision are: (1) What portion, if any, of the joint tenancies existing between Chauncey D. Clarke during his lifetime and his wife, Marie Rankin Clarke, is subject to said estate tax; and (2) whether the properties of said joint tenancies should be valued for estate tax purposes as of the time of transfer of the respective properties by acts of parties or as of the date of Mr. Clarke’s death.

When the testimony of Mrs. Clarke is considered, it is clear that substantially all of the property that she addéd to the joint tenancies was received by her from her husband, Chauncey D. Clarke, the decedent, and there is. no…