-3- in the Court pursuant to Statute in such case made and provided and that all expenses and charges incident thereto in such amounts, as may be necessary, just and reasonable be paid from the principal of the trust fund herein, or b) that said claim be abandoned for all purposes as uncollectible and unenforceable and that your petitioners individually and in their capacity as Executors and Trustees be relieved, released and forever discharged from any responsibility, liability or accountability with respect to said claim or the prosecution thereof in any manner whatsoever. Section 421 of the Internal Revenue Code in effect on April 12, 1945, the date of President Roosevelt's death provided as follows: - "In the case of any individual, who dies on or after December 7, 1941, while in active service as a member of the military or naval forces of the United States or of any of the other United Nations and prior to the termination of the present war as proclaimed by the President, the tax imposed by this Chapter shall not apply with respect to the taxable year in which falls the date of his death, and the tax under this Chapter and under corresponding title of each prior revenue law for preceding taxable years which is unpaid at the date of his death (including interest, addition to the tax and additional amounts) shall not be assessed, and if assessed, the assessment shall be abated, and if collected, shall be credited or refunded as an overpayment". Section 939 of the Internal Revenue Code, which was enacted by Congress last year and became effective on October 25, 1949, provides as follows: - "The tax imposed by Section 935 (Additional Estate Tax) shall not apply to the transfer of the net estate of a citizen or resident of the United States dying on or after December 7, 1941 and before January 1, 1947, while in active service as a member of the (MORE) |