TYLER v. UNITED STATES

No. 72-1068.

468 F.2d 959 (1972)

Helen L. TYLER, Administratrix of the Estate of Donald M. Tyler, Deceased, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Tenth Circuit.

November 1, 1972.


Attorney(s) appearing for the Case

Garrett Logan, Tulsa, Okl. (Donald P. Moyers, Tulsa, Okl., and Thomas W. Brown, Bartlesville, Okl., with him on the brief), for appellant.

Anne Belanger, Washington, D. C. (Scott P. Crampton, Asst. Atty. Gen., Meyer Rothwacks, Elmer J. Kelsey, and William K. Hogan, Attys., Tax Div., Dept. of Justice, and Nathan G. Graham, U. S. Atty., of counsel, with her on the brief), for appellee.

Before SETH, McWILLIAMS and BARRETT, Circuit Judges.


SETH, Circuit Judge.

This is an action for refund of federal estate taxes paid on the estate of Donald M. Tyler, deceased, in the amount of $362,804.01 plus interest of $71,153.69. The facts are stipulated and the sole issue in the case is whether or not the testamentary disposition by the decedent to his surviving spouse qualifies for the marital tax deduction under 26 U.S.C. § 2056. The trial court held that it did not qualify for the deduction, and from that...

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