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TOOKES v. TOMLINSON

No. 19634.

312 F.2d 398 (1963)

Maggie P. TOOKES, Appellant, v. Laurie W. TOMLINSON, Individually and as District Director of Internal Revenue, Appellee.

United States Court of Appeals Fifth Circuit.

January 23, 1963.

Attorney(s) appearing for the Case

William R. Frazier, Jacksonville, Fla., Hill & Frazier, James P. Hill, Jacksonville, Fla., for appellant.

Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson, Atty., Dept. of Justice, Washington, D. C., Edward F. Boardman, U. S. Atty., Miami, Fla., Michael A. Mulroney and David O. Walter, Attys., Dept. of Justice, Washington, D. C., for appellee.

Before TUTTLE, Chief Judge, and JONES and GEWIN, Circuit Judges.

PER CURIAM.

The Commissioner of Internal Revenue sought to protect its claim against the Estate of Bishop H. Y. Tookes, deceased, for income taxes of the decedent by a transferee assessment of something over $100,000 against the appellant, the widow of the deceased. In a suit brought by the holder of a mortgage given by the appellant, the District Director of Internal Revenue intervened. Upon foreclosure sale there was a realization of $2,788.47 in excess of the amount...

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