COTNAM v. C. I. R.

No. 16902.

263 F.2d 119 (1959)

Ethel West COTNAM, Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Fifth Circuit.

January 23, 1959.


Attorney(s) appearing for the Case

Winston B. McCall, William S. Pritchard, Birmingham, Ala. (Victor H. Smith, Pritchard, McCall & Jones, Birmingham, Ala., of counsel), for petitioner.

James P. Turner, Melva M. Graney, Lee A. Jackson, Dept. of Justice, Washington, D. C., Charles K. Rice, Asst. Atty. Gen., Charles P. Dugan, Special Atty., Int. Rev. Serv., Washington, D. C., Nelson P. Rose, Chief Counsel, Int. Rev. Serv., Washington, D. C., for respondent.

Before RIVES, BROWN and WISDOM, Circuit Judges.


WISDOM, Circuit Judge.

The tax snarls in this case are a result of a contract to make a will and the promisee's successful suit against the promisor's estate for breach of that contract.

In 1940 T. Shannon Hunter of Mobile, Alabama promised to give Mrs. Ethel Cotnam one-fifth of his estate, if she would serve him as an attendant or friend1 for the rest of his life. Mrs. Cotnam quit her job at the Saenger Theatre, left her home...

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