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LEVY TRUST v. C. I. R.

No. 21092.

341 F.2d 93 (1965)

Sadie V. LEVY TRUST, Lawrence H. Levy, Carl J. Austrian and Morgan Guaranty Trust Company of New York, Trustees, Petitioners, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Fifth Circuit.

Rehearing Denied March 15, 1965.

Attorney(s) appearing for the Case

Irving B. Stewart, George B. Levy, New York City, for petitioners.

Benjamin M. Parker, Dept. of Justice, Louis F. Oberdorfer, Asst. Atty. Gen., R. P. Hertzog, Act. Chief Counsel, IRS, Charles S. Casazza, IRS, Lee A. Jackson, Dept. of Justice, Washington, D. C., for respondent.

Before JONES and BELL, Circuit Judges, and HUNTER, District Judge.

HUNTER, District Judge.

Petitioners, trustees of an inter vivos trust created by Sadie V. Levy, seek to review a decision of the Tax Court entered March 28, 1963 and of three orders of the Tax Court which denied motions made by the petitioners for:

A. Leave to intervene;

B. Revision of the decision of March 28th; and

C. Review by the full Court of the foregoing denials.

The decision which petitioners seek to revise was pegged on a compromise...

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