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READ v. UNITED STATES

No. 19517.

320 F.2d 550 (1963)

Isabel Collier READ, as Executrix of the Estate of Miles Collier, Deceased, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

July 18, 1963.

Attorney(s) appearing for the Case

Harold S. Lynton, New York City, J. A. Franklin, Fort Myers, Fla., Harold A. Axel, New York City, of counsel, 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., Arnold Levine, Asst. U. S. Atty., Tampa, Fla., Loring W. Post, Michael A. Mulroney and Meyer Rothwacks, Attys., Dept. of Justice, Washington, D. C., for appellee.

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

JONES, Circuit Judge.

Miles Collier, a resident of Collier County, Florida, died in 1954. His wife, the appellant, was named by him as his executrix and she qualified as such. Among the assets of his estate were a number of real estate mortgages, known as the Gerry mortgages. These were valued for federal estate taxes in the decedent's estate at $984,056.50. The federal estate tax attributable to these mortgages was $184,996.51. In 1955 the decedent's estate disposed...

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