MIAMI BEACH FIRST NATIONAL BANK v. UNITED STATES

No. 30977.

443 F.2d 116 (1971)

The MIAMI BEACH FIRST NATIONAL BANK and Marion Adler, as Administrator, C.T.A. and Executrix, respectively, under the Will of Edgar Adler, deceased, Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied June 1, 1971.


Attorney(s) appearing for the Case

Robert W. Rust, U. S. Atty., Miami, Fla., Johnnie M. Walters, Asst. Atty. Gen., Meyer Rothwacks, Atty., Gary Allen, Atty., Tax Div., Dept of Justice, Washington, D. C., Clemens Hagglund, Asst. U. S. Atty., Miami, Fla., for defendant-appellant.

William Archie Brown, Miami Beach, Fla., for plaintiffs-appellees.

Before WISDOM, BELL and AINSWORTH, Circuit Judges.


AINSWORTH, Circuit Judge:

This action is for refund of federal estate tax in the amount of $115,124.98 plus interest. The Government appeals from a judgment in favor of Taxpayers, The Miami Beach First National Bank as Administrator, C.T.A., and Marion Adler, Executrix (referred to herein collectively as "Taxpayer"), under the will of Edgar Adler, deceased. We reverse.

The last will and testament of Edgar Adler, decedent, provided a bequest of his residuary...

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