BEL v. UNITED STATES

No. 71-1232.

452 F.2d 683 (1971)

Mrs. Daisy Miller Boyd BEL and Richard E. Gerard, Co-executors under the Last Will and Testament of John Albert Bel, Deceased, et al., Plaintiffs-Appellants-Cross-Appellees, v. The UNITED STATES of America, Defendants-Appellees-Cross-Appellants.

United States Court of Appeals, Fifth Circuit.

December 9, 1971.


Attorney(s) appearing for the Case

Richard E. Gerard, Lake Charles, La., Leon J. Reymond, Jr., New Orleans, La., for appellants.

Charles G. Barnett, Tax Division, Dept. of Justice, Fort Worth, Tex., Fred B. Ugast, Asst. Atty. Gen., Meyer Rothwacks, Atty., Tax Division, Dept. of Justice, Washington, D. C., Donald L. Walter, U. S. Atty., Shreveport, La., Michael L. Paup, Atty., Dept. of Justice, Tax Division, Washington, D. C., for appellees.

Before GEWIN, GOLDBERG, and DYER, Circuit Judges.


GOLDBERG, Circuit Judge:

In this estate tax case we are confronted with three issues, one of which concerns the quantum of inclusion in the decedent's taxable estate of an accidental death policy inceptively procured within three years of the decedent's death. We deem this issue to be of transcendent importance. While the other two problems, which involve the interrelationship of the estate tax marital deduction with Louisiana's forced heirship laws and estate tax...

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