IN RE ESTATE OF PENNEY

No. 73-1618.

504 F.2d 37 (1974)

In re ESTATE of Herbert R. PENNEY, Deceased. Milton H. PENNEY, Executor, Petitioner-Appellant, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided September 20, 1974.


Attorney(s) appearing for the Case

John C. Elam, William W. Ellis, Jr., Richard R. Stedman, Robert E. Leach, Vorys, Sater, Seymour & Pease, Columbus, Ohio, on briefs, for petitioner-appellant.

Scott P. Crampton, Asst. Atty. Gen., Meyer Rothwacks, Loring W. Post, Charles E. Anderson, Attys., Tax Div., Dept. of Justice, Washington, D. C., on briefs, for respondent-appellee.

Before PHILLIPS, Chief Judge, and EDWARDS and PECK, Circuit Judges.


JOHN W. PECK, Circuit Judge.

The issue involved in this appeal is whether the Tax Court properly applied Ohio law to the facts herein when it required that decedent's transfers to his surviving spouse and charities in his will and revocable trust must be charged, in the absence of a clearly expressed intention to the contrary, with their pro rata share of the federal estate tax liability generated by his estate.

The facts are undisputed. Decedent, Herbert...

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