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BOHAN v. UNITED STATES

No. 71-1297.

456 F.2d 851 (1972)

Ruth H. BOHAN, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

March 9, 1972.

Attorney(s) appearing for the Case

Michael L. Paup, Atty., Tax Div., Dept. of Justice, Washington, D. C., Fred B. Ugast, Acting Asst. Atty. Gen., Meyer Rothwacks, William Massar, Attys., Tax Div., Dept. of Justice, Washington, D. C., for appellant; Bert C. Hurn, U. S. Atty., of counsel.

Ida Turner, Ima Goehring, Goehring & Turner, Kansas City, Mo., for appellee.

Before GIBSON and HEANEY, Circuit Judges, and VAN PELT, Senior District Judge.

GIBSON, Circuit Judge.

The United States appeals from the decision in the United States District Court for the Western District of Missouri in this tax refund case, Bohan v. United States, 326 F.Supp. 1356 (W.D.Mo.1971). Plaintiff taxpayer, Mrs. Ruth Bohan is the widow of Dr. Peter T. Bohan, who died in 1955, leaving an estate valued in excess of $900,000. Mrs. Bohan (hereinafter "taxpayer...

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