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UNITED STATES v. SPICER

No. 7542.

332 F.2d 750 (1964)

UNITED STATES of America, Appellant, v. Maude E. SPICER, Executrix of the Will of Z. N. Spicer, deceased, Appellee.

United States Court of Appeals Tenth Circuit.

June 11, 1964.

Attorney(s) appearing for the Case

Harry Marselli, Attorney, Dept. of Justice, Washington, D. C. (Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson, Robert N. Anderson and Jonathan S. Cohen, Attorneys, Dept. of Justice, Washington, D. C., Newell A. George, U. S. Atty., and Robert M. Green and Melvin Gradert, Asst. U. S. Attys., on the brief), for appellant.

Tom W. Hampton, of Hampton, Dunham, Royce & Engleman, Salina, Kan. (C. Stanley Nelson and Jack N. Stewart, Salina, Kan., and B. V. Hampton and Bill Murray, Pratt, Kan., on the brief), for appellee.

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

PICKETT, Circuit Judge.

This appeal requires the construction of a joint, mutual and contractual will to determine the right to the marital deduction provided for in 26 U.S.C. § 2056 in computing federal estate taxes. The estate tax return claimed the statutory marital deduction on the adjusted gross estate. The Commissioner of Internal Revenue disallowed the entire value of the estate for marital deduction purposes on the grounds that the will severed the joint...

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