UNITED STATES v. GORDON

No. 25018.

406 F.2d 332 (1969)

UNITED STATES of America, Appellant, v. Martin Wright GORDON et al., Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied February 5, 1969.


Attorney(s) appearing for the Case

Mitchell Rogovin, Asst. Atty. Gen., Lee A. Jackson, Elmer J. Kelsey, Willy Nordwind, Jr., Jeanine Jacobs, Attys., Dept. of Justice, Washington, D. C., Ernest Morgan, U. S. Atty., Ted Butler, Asst. U. S. Atty., San Antonio, Tex., for appellant, Andrew L. Jefferson, Jr., Asst. U. S. Atty., of counsel.

Theo F. Weiss, Edward R. Finck, Jr., San Antonio, Tex., for appellees, Clemens, Knight, Weiss & Spencer, San Antonio, Tex., of counsel.

Before GOLDBERG and CLAYTON, Circuit Judges, and HANNAY, District Judge.


GOLDBERG, Circuit Judge:

We are again presented with a question of the relationship between the Estate Tax provisions of the Internal Revenue Code and the community property laws of Texas. This appeal by the government from the district court's judgment1 in this tax refund suit involves the interrelationship between Sections 2036(a)2 and 2043(a)3...

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