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IN RE ESTATE OF BOMASH

No. 24044.

432 F.2d 308 (1970)

In re ESTATE of Fannie BOMASH, Deceased. Julian BOMASH, Administrator, Appellee, v. COMMISSIONER OF INTERNAL REVENUE, Appellant.

United States Court of Appeals, Ninth Circuit.

October 2, 1970.

Attorney(s) appearing for the Case

William L. Goldman (argued), Johnnie M. Walters, Asst. Atty. Gen., Tax Division, Dept. of Justice, K. Martin Worthy, Chief Counsel, I.R.S., Washington, D. C., for appellants.

Bernard W. Shafer (argued), Beverly Hills, Cal., for appellee.

Before BARNES and HUFSTEDLER, Circuit Judges, and BYRNE, District Judge.

BYRNE, District Judge:

The Commissioner of Internal Revenue has appealed to this Court to reverse a decision of the United States Tax Court which redetermined a tax deficiency on the estate of Fannie Bomash (hereinafter referred to as "Fannie").

In 1942 Fannie's husband, Louis Bomash, died. Louis's will set up a testamentary trust composed entirely of community property. By the terms of the will, 50% of the trust...

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