NORTHINGTON v. UNITED STATES

No. 72-2702.

475 F.2d 720 (1973)

Robert H. NORTHINGTON, Trustee and the First National Bank of Midland, Texas, Plaintiffs-Appellants, v. The UNITED STATES of America et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

March 26, 1973.


Attorney(s) appearing for the Case

Reagan H. Legg, Midland, Tex., for Northington.

Wm. Monroe Kerr, Midland, Tex., for First Nat'l Bank.

Scott P. Crampton, Asst. Atty. Gen., Meyer Rothwacks, Gary R. Allen, Park T. Zimmerman, Gray Allen, Attys., Tax Div., Dept. of Justice, Washington, D.C., William S. Sessions, U. S. Atty., San Antonio, Tex., for defendants-appellees.

Before BELL and THORNBERRY, Circuit Judges, and GROOMS, District Judge.


BELL, Circuit Judge:

Section 6324(a)(1) of the Internal Revenue Code of 1954, 26 U.S.C.A. § 6324(a)(1), imposes a pre-assessment tax lien on the gross estate of any decedent whose property is subject to estate tax. The lien attaches at death. This appeal presents questions concerning the circumstances in which property, otherwise subject to the lien of § 6324(a)(1), may be divested of the lien prior to the assessment and payment of estate tax.

The...

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