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BRODRICK v. MOORE

No. 5051.

226 F.2d 105 (1955)

Lynn R. BRODRICK, Director of Internal Revenue, formerly Collector of Internal Revenue, District of Kansas, Appellant, v. Margaret Sperry MOORE and John M. Moore, as Executors of the Estate of Charles Sperry, late of Graham County, Kansas, Appellee.

United States Court of Appeals Tenth Circuit.

September 1, 1955.

Attorney(s) appearing for the Case

Carolyn R. Just, Washington, D. C. (H. Brian Holland, Asst. Atty. Gen., Ellis N. Slack and Robert N. Anderson, Sp. Assts. to Atty. Gen., on the brief), for appellant.

Oscar Ostrum, Russell, Kan. (Casey Jones, Hill City, Kan., and Dean G. Ostrum, Russell, Kan., on the brief), for appellee.

Before BRATTON, HUXMAN and PICKETT, Circuit Judges.

PICKETT, Circuit Judge.

This controversy arose between the Director of Internal Revenue for the District of Kansas and the executors of the Estate of Charles Sperry, deceased, over the question of whether United States Government bonds purchased by the deceased during his lifetime with his daughter as co-owner, should be considered as a part of Sperry's estate in determining the marital deduction to which the widow was entitled under Section 812 (e) of the Internal...

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