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DUNCAN v. UNITED STATES

Nos. 22887, 22888.

368 F.2d 98 (1966)

John A. DUNCAN, Appellant, v. UNITED STATES of America, Appellee. Phyllis Joyce DUNCAN, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

November 3, 1966.

Attorney(s) appearing for the Case

William R. Frazier, Jacksonville, Fla., for appellants.

John B. Jones, Jr., Acting Asst. Atty. Gen., Lee A. Jackson, Atty., Dept. of Justice, Washington, D. C., Edward F. Boardman, U. S. Atty., Tampa, Fla., Thomas M. Baumer, Asst. U. S. Atty., Jacksonville, Fla., Meyer Rothwacks, Edward L. Rogers, Attys., Dept. of Justice, Richard M. Roberts, Acting Asst. Atty. Gen., Dept. of Justice, Washington, D. C., James H. Walsh, Asst. U. S. Atty., of counsel, for the United States.

Before BROWN, GEWIN and GOLDBERG, Circuit Judges.

GEWIN, Circuit Judge:

This is an appeal from a decision of the United States District Court for the Middle District of Florida in two consolidated federal gift tax cases. The district court held that the taxpayers were not entitled to the $3,000 annual exclusion for gift tax purposes for gifts made to seven trusts, because the trusts, established for the benefit of the taxpayers' minor grandchildren, fail to meet the requirements of Section 2503 (c) of the Internal...

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