UNITED STATES v. RIGHTER

No. 18869.

400 F.2d 344 (1968)

UNITED STATES of America, Appellant, v. Richard S. RIGHTER, Executor of the Estate of Edna Beaham Mersereau, Deceased, Appellee.

United States Court of Appeals Eighth Circuit.

August 26, 1968.


Attorney(s) appearing for the Case

Martin T. Goldblum, Atty., Dept. of Justice, Washington, D. C., for appellant; Mitchell Rogovin, Asst. Atty. Gen., and Lee A. Jackson and David O. Walter, Attys., Dept. of Justice, Washington, D. C., and F. Russell Millin, U. S. Atty., Kansas City, Missouri, were with him on the brief.

Howard A. Crawford, of Lathrop, Righter, Gordon & Parker, Kansas City, Mo., for appellee; Irvine O. Hockaday, Jr., Kansas City, Mo., was with him on the brief.

Before BLACKMUN, GIBSON and HEANEY, Circuit Judges.


BLACKMUN, Circuit Judge.

This case presents a federal estate tax issue under § 2043(a) of the Internal Revenue Code of 1954, 26 U.S.C. § 2043(a).1 The statute concerns the measure of includability in the gross estate of a decedent's inter vivos transfer made for an insufficient consideration. The United States appeals from the judgment entered in favor of the representative of the estate in his suit for refund of estate and gift...

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