FIRST NATIONAL BANK IN PALM BEACH v. UNITED STATES

No. 29453.

443 F.2d 480 (1971)

FIRST NATIONAL BANK IN PALM BEACH and Phillip D. O'Connell, Co-Trustees of a Trust Created by the Will of Michael A. Kelly, Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 7, 1971.


Attorney(s) appearing for the Case

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

Robert O. Rogers, Palm Beach, Fla., Andrew F. O'Connell, West Palm Beach, Fla., for plaintiffs-appellees.

Before TUTTLE, AINSWORTH and SIMPSON, Circuit Judges.


TUTTLE, Circuit Judge:

This is a companion case with Florida National Bank at Lakeland, etc. v. United States, 443 F.2d 467 decided April 26, 5th Cir., 1971 and Miami Beach First National Bank, etc. v. United States, 443 F.2d 475 decided April 30, 5th Cir., 1971 in the sense that it deals with the allowability of a deduction from gross estate for estate tax purposes of a remainder to admitted...

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