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WALTER v. UNITED STATES

No. 14413.

295 F.2d 720 (1961)

Mildred E. WALTER and Gloria C. Walter (now Gloria Walter Kleis), Executors de bonis non of the Estate of Gertrude C. Walter, Deceased, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals Sixth Circuit.

November 3, 1961.

Attorney(s) appearing for the Case

Richard LaValley, Toledo, Ohio (John W. Bebout, Boxell, Bebout, Torbet & Potter, Toledo, Ohio, on the brief), for plaintiffs-appellants.

Loring W. Post, Dept. of Justice, Washington, D. C. (Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson and I. Henry Kutz, Attys., Dept. of Justice, Washington, D. C., Russell E. Ake, U. S. Atty., Toledo, Ohio, on the brief), for defendant-appellee.

Before McALLISTER, WEICK and O'SULLIVAN, Circuit Judges.

PER CURIAM.

The District Judge was correct in holding that the decedent made a revocable transfer under Section 2038 of the Internal Revenue Code of 1954. Commissioner of Internal Revenue v. Estate of Holmes, 326 U.S. 480, 66 S.Ct. 257, 90 L.Ed. 228; Lober, et al. v. United States, 346 U.S. 335, 74 S.Ct. 98, 98 L.Ed. 15; DuCharme's Estate v. Commissioner of Internal Revenue, 6 Cir., 164...

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