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IN RE BUDER'S ESTATE

No. 17411.

330 F.2d 441 (1964)

In re ESTATE of G. A. BUDER, Deceased. G. A. BUDER, Jr., Executor, Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Eighth Circuit.

Rehearing Denied May 12, 1964.

Attorney(s) appearing for the Case

G. A. Buder, Jr., St. Louis Mo., for petitioner and filed brief with Richard O. Roberts, St. Louis, Mo.

Carolyn R. Just, Atty., Tax Division, Dept. of Justice, Washington, D. C., for respondent and filed brief with Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson and Melva M. Graney, Attys., Tax Division, Dept. of Justice, Washington, D. C.

Before SANBORN, VOGEL and BLACKMUN, Circuit Judges.

PER CURIAM.

In redetermining the income tax liability of the Estate of G. A. Buder, deceased, of which G. A. Buder, Jr., is the representative, for the period from the decedent's death in April 1954, through December 31, 1954, and for the year 1955, the Tax Court ruled2 that 90% of the expenses of litigation3 incurred and paid by the estate during those taxable periods in defending against the claims of Oscar...

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