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PHINNEY v. BANK OF SOUTHWEST NATIONAL ASS'N, HOUSTON

No. 21035.

335 F.2d 266 (1964)

Robert L. PHINNEY, Appellant, v. BANK OF the SOUTHWEST NATIONAL ASSOCIATION, HOUSTON, in its capacity as independent executor of the Estate of Dunbar Newell Chambers, deceased, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied September 4, 1964.

Attorney(s) appearing for the Case

Harry Lee Hudspeth, Asst. U. S. Atty., San Antonio, Tex., Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson, David O. Walter, Loring W. Post, Karl Schmeidler, Attys., Dept. of Justice, Washington, D. C., for appellant. Ernest Morgan, U. S. Atty., of counsel.

Charles N. Avery, Jr., Austin, Tex., Leon Jaworski, C. W. Wellen, Charles W. Hall, Phillip L. Mann, Houston, Tex., for appellee. Fulbright, Crooker, Freeman, Bates & Jaworski, Houston, Tex., McKay & Avery, Austin, Tex., of counsel.

Before HUTCHESON, PRETTYMAN and JONES, Circuit Judges.

JONES, Circuit Judge.

Dunbar Newell Chambers died on October 27, 1956. The Bank of the Southwest National Association, Houston, was appointed and qualified as executor of his estate. The Internal Revenue Code1 required the filing of the Federal estate tax return on or before January 27, 1958. The appellant District Director, acting under statutory authority,2 granted a six months' extension of the time for...

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