MIAMI BEACH FIRST NATIONAL BANK v. UNITED STATES

No. 29524.

443 F.2d 475 (1971)

The MIAMI BEACH FIRST NATIONAL BANK, as Executor under the Will of Lenore P. Hartz, Deceased, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied June 7, 1971.


Attorney(s) appearing for the Case

Michael Osman, Lavinia L. Redd, Asst. U. S. Attys., Miami, Fla., Johnnie M. Walters, Asst. Atty. Gen., Lee A. Jackson, Michael L. Paup, Attys., Tax Div., U. S. Dept. of Justice, Washington, D. C., Paul M. Ginsburg, Atty., Dept. of Justice, Washington, D. C., for defendant-appellant; Robert W. Rust, U. S. Atty., of counsel.

William Archie Brown, Copeland, Therrel, Baisden & Peterson, Miami Beach, Fla., for plaintiff-appellee.

Before TUTTLE, AINSWORTH and SIMPSON, Circuit Judges.


TUTTLE, Circuit Judge:

This case is a companion case to the Florida Bank at Lakeland v. United States, 443 F.2d 467, decided April 26, 1971, in that both cases deal with the application of § 2055 of the Internal Revenue Code of 1954 to a charitable bequest to a recognized charity, here a gift to Indiana University, after the death of two life beneficiaries. The question is similar in that it is whether broad powers vested in...

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