ESTATE OF MAXCY v. C. I. R.

No. 29885.

441 F.2d 192 (1971)

ESTATE of Gregg MAXCY, Jessie L. Maxcy and Reverend George C. Stulting, Co-Administrators, Petitioners-Appellants-Cross Appellees, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellee-Cross Appellant. ESTATE of Hugh G. MAXCY, Jessie L. Maxcy and Reverend George C. Stulting, Co-Executors, Petitioners-Appellants-Cross Appellees, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellee-Cross Appellant.

United States Court of Appeals, Fifth Circuit.

April 13, 1971.


Attorney(s) appearing for the Case

Robert O. Rogers, Palm Beach, Fla., for appellants.

Johnnie M. Walters, Asst. Atty. Gen., Meyer Rothwacks, Bennet N. Hollander, Kenneth L. Gross, and Lee A. Jackson, Attys., Tax Div., U.S. Dept. of Justice, K. Martin Worthy, Chief Counsel, Richard P. Milloy, Atty., I.R.S., Kenneth L. Gross, Atty., Dept. of Justice, Washington, D. C., for appellee.

Before GEWIN, COLEMAN and AINSWORTH, Circuit Judges.


GEWIN, Circuit Judge:

At issue in this case is the ownership, for estate tax purposes, of 79 shares of stock in Maxcy Securities, Inc., a closely-held corporation once controlled by Gregg Maxcy, (hereinafter, the decedent). The sole question for our determination is whether Gregg Maxcy executed a valid gift of the 79 shares to his wife. We think that he did and reverse the Tax Court's determination to the contrary.

The Commissioner concluded that these shares...

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