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GROSSMAN v. CAMPBELL

No. 22303.

368 F.2d 206 (1966)

Milton J. GROSSMAN, Independent Executor of the Estate of James A. Stavely, Deceased, et al., Appellants, v. Ellis CAMPBELL, Jr., District Director of Internal Revenue, Appellee.

United States Court of Appeals Fifth Circuit.

On Petition for Clarification of Opinion and for Rehearing October 28, 1966.

Attorney(s) appearing for the Case

Neil J. O'Brien, Wynne, Jaffe & Tinsley, Dallas, Tex., for appellants.

John B. Jones, Jr., Acting Asst. Atty. Gen., Loring W. Post, Lee A. Jackson, Herbert Grossman, Attys., Dept. of Justice, Washington, D. C., Melvin M. Diggs, U. S. Atty., Dallas, Tex., Martha Joe Stroud, Asst. U. S. Atty., of counsel, for appellee.

Before RIVES and BELL, Circuit Judges, and FULTON, District Judge.

RIVES, Circuit Judge:

The Executor and distributees of the Estate of Mr. James A. Stavely, deceased, brought this suit to recover estate taxes claimed to have been erroneously collected. The district court decided all issues adversely to their contentions.1 We reverse in part and affirm in part.

Most of the basic facts are not in dispute. Mr. and Mrs. James A. Stavely were married in 1931. They had no children of their own but...

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