KASPER v. KELLAR

No. 14974.

217 F.2d 744 (1954)

T. C. KASPER, Collector of Internal Revenue for the United States of America for the District of South Dakota, Appellant, v. Kenneth C. KELLAR, Surviving Executor of the Last Will and Testament and Estate of Chambers Kellar, Deceased, and as Executor of the Estate of Floy B. Kellar, Deceased, Appellee.

United States Court of Appeals Eighth Circuit.

Rehearing Denied January 6, 1955.


Attorney(s) appearing for the Case

L. W. Post, Sp. Asst. to the Atty. Gen. (H. Brian Holland, Asst. Atty. Gen., Ellis N. Slack, Sp. Asst. to the Atty. Gen., Clinton G. Richards, U. S. Atty., and Francis G. Dunn, Asst. U. S. Atty., Sioux Falls, S. D., with him on the brief), for appellant.

Kenneth C. Kellar, Lead, S. D. (R. E. Driscoll, Jr., Lead, S. D., with him on the brief), for appellee.

Before SANBORN, JOHNSEN and COLLET, Circuit Judges.


JOHNSEN, Circuit Judge.

Section 812(e) (1) (A) of the Internal Revenue Code, 26 U.S.C.A., in effect in 1950, the time here involved, provides for a "marital deduction", from the value of the gross estate of a decedent, for estate tax purposes, of "An amount equal to the value of any interest in property which passes or has passed from the decedent to his surviving spouse."

Subparagraph (B) thereof, however, makes the deduction inapplicable in general to life...

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