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BOYLE v. UNITED STATES

No. 16294.

380 F.2d 973 (1967)

James J. BOYLE et al. v. UNITED STATES of America, Appellant.

United States Court of Appeals Third Circuit.

Decided July 25, 1967.

Attorney(s) appearing for the Case

Jonathan S. Cohen, Atty., Dept. of Justice, Tax Div., Washington, D. C. (Mitchell Rogovin, Asst. Atty. Gen., Lee A. Jackson, Melva M. Graney, Attys., Dept. of Justice, Washington, D. C., David M. Satz, Jr., U. S. Atty., Martin Tuman, Asst. U. S. Atty., on the brief), for appellant.

Joseph Keane, Milton, Keane & DeBona, Jersey City, N. J. (Richard B. Nashel, Newark, N. J., on the brief), for appellees.

Before KALODNER, HASTIE and SEITZ, Circuit Judges.

OPINION OF THE COURT

SEITZ, Circuit Judge.

This appeal brings the present case before this court for a second time. The first appeal was taken by the taxpayers from a district court order which denied a motion for summary judgment in their favor for a recovery of certain federal estate taxes or, in the alternative, for a refund of certain federal income taxes. 232 F.Supp. 543 (D.N.J. 1964). Upon reversal of the district...

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