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UNITED STATES v. ROSE

Nos. 15405, 15406.

346 F.2d 985 (1965)

UNITED STATES of America v. Morton M. ROSE, Betsy R. Wittenberg, and Aetna Insurance Company, Aetna Insurance Company, Appellant. UNITED STATES of America v. Morton M. ROSE, Betsy R. Wittenberg, and Aetna Insurance Company, Morton M. Rose and Betsy R. Wittenberg, Appellants.

United States Court of Appeals Third Circuit.

Decided June 18, 1965.

Rehearings Denied August 2, 1965.

Attorney(s) appearing for the Case

Lewis Weinstock, Roy L. Cameron, Jr., LaBrum & Doak, Philadelphia, Pa., for appellants.

Stephen Paley, Dept. of Justice, Tax Division, Washington, D. C., for appellee (Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson, David O. Walter, Attys., Dept. of Justice, Washington, D. C., Drew J. T. O'Keefe, U. S. Atty., on the brief).

Before KALODNER, STALEY and FREEDMAN, Circuit Judges.

STALEY, Circuit Judge.

This suit for the recovery of money owed for estate taxes has been brought by the United States against Morton M. Rose and Betsy R. Wittenberg, the administrators of the estate of Morris D. Rose, in their individual capacity and against their surety, the Aetna Insurance Company.1 The defendants do not deny liability for the amount sought to be recovered2 but rely solely upon the defense...

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