UNION PLANTERS NATIONAL BANK v. UNITED STATES

No. 16500.

361 F.2d 662 (1966)

UNION PLANTERS NATIONAL BANK, Executor of the estate of Forrest C. Ladd, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals Sixth Circuit.

June 14, 1966.


Attorney(s) appearing for the Case

Robert A. Bernstein, Atty., Dept. of Justice, Washington, D. C. (Richard M. Roberts, Acting Asst. Atty. Gen., Meyer Rothwacks, Melva M. Graney, Attys., Dept. of Justice, Washington, D. C., on the brief; Thomas L. Robinson, U. S. Atty., Memphis, Tenn., of counsel), for appellant.

Crawford McDonald, Memphis, Tenn., (McDonald, Kuhn, McDonald, Crenshaw & Smith, Memphis, Tenn., of counsel), for appellee.

Before PHILLIPS and EDWARDS, Circuit Judges, and McALLISTER, Senior Circuit Judge.


HARRY PHILLIPS, Circuit Judge.

The single question presented on this appeal is this: When a husband conveyed his family residence to his wife as a completed gift without reserving any legal title, right or interest therein, but thereafter continued to live with his wife in the home until his death, is the value of the residence includible in his taxable estate for federal estate tax purposes?

The district court answered this question in the negative.

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