Plaintiff was residuary legatee under the will of his father who died in 1918. The estate was administered and closed in 1920 and certain stocks and bonds were then delivered to plaintiff. Subsequently he sold the securities and in making his federal income tax return he computed his gain on the basis of 1920 values which were higher than the 1918 values. The Revenue Act of 1921 sec. 202 (a) (3), 213 provides that for the purpose of determining profit or loss from sale of property acquired by bequest, devise or descent since Feb. 28, 1913, the basis "shall he the fair market price or value of such property at the time of such acquisition." The Commissioner of Internal Revenue assessed an additional tax using 1918 values. Plaintiff sued to recover the additional tax. Held, recovery denied as the residuary legatee acquired the property at the death of the testator. Brewster v. Gage, 50 Sup. Ct. 115.