DARBY'S ESTATE v. WISEMAN

Nos. 7312, 7313.

323 F.2d 792 (1963)

ESTATE of J. F. DARBY, Don C. Bothwell and William F. Hendrick, Executors, Appellants, v. Earl R. WISEMAN, District Director of Internal Revenue for the District of Oklahoma, Appellee. Earl R. WISEMAN, District Director of Internal Revenue for the District of Oklahoma, Appellant, v. ESTATE of J. F. DARBY, Don C. Bothwell and William F. Hendrick, Executors, Appellees.

United States Court of Appeals Tenth Circuit.

October 21, 1963.


Attorney(s) appearing for the Case

Donald P. Moyers, Tulsa, Okl. (J. H. Conway, Jr., and Martin, Logan, Moyers, Martin & Conway, Tulsa, Okl., on the brief), for Estate of Darby, and Bothwell and Hendrick, ex'rs.

Loring W. Post, Atty., Dept. of Justice (Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson and Robert N. Anderson, Attys., Dept. of Justice, B. Andrew Potter, U. S. Atty., and Leonard L. Ralston, Asst. U. S. Atty., on the brief), for Wiseman, Dist. Director of Internal Revenue for Dist. of Okl.

Before MURRAH, Chief Judge, and PICKETT and BREITENSTEIN, Circuit Judges.


BREITENSTEIN, Circuit Judge.

These are companion appeals relating to liability for federal estate tax. The executors paid the disputed tax and sued to recover, asserting, first, the right to change an election as to the deduction of administration expenses and, second, the right to take a widow's allowance as an estate tax marital deduction. The trial court denied the right to change the election and upheld the widow's allowance as a proper marital deduction.

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