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VAN DEN WYMELENBERG v. UNITED STATES

Nos. 16611, 16612.

397 F.2d 443 (1968)

Arnold VAN DEN WYMELENBERG, as Executor of the Estate of Eleanor Van Den Wymelenberg, Plaintiff-Appellant, and Arnold Van Den Wymelenberg, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

Certiorari Denied November 18, 1968.

Attorney(s) appearing for the Case

E. L. Everson, Everson, Whitney, O'Melia, Everson & Brehm, Green Bay, Wis., for plaintiffs-appellants.

Mitchell Rogovin, William A. Friedlander, Marian Halley, Lee A. Jackson, Attys., Tax Division, Dept. of Justice, Washington, D. C., James B. Brennan, U. S. Atty., Milwaukee, Wis., for defendant-appellee; Franklyn M. Gimbel, Asst. U. S. Atty., of counsel.

Before HASTINGS, Circuit Judge, KNOCH, Senior Circuit Judge, and SWYGERT, Circuit Judge.

Certiorari Denied November 18, 1968. See 89 S.Ct. 377.

HASTINGS, Circuit Judge.

Appellant, for himself and as executor of the estate of his deceased wife, appeals from adverse judgments entered October 6, 1967 in the district court on their actions for refunds of federal gift taxes.1

The facts, most of which were stipulated, are undisputed. On July 6, 1961 taxpayers executed a trust agreement creating a trust for their...

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