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ESTATE OF STREETER v. C. I. R.

No. 72-1500.

491 F.2d 375 (1974)

ESTATE of Thomas W. STREETER, Deceased, et al., Appellants, v. COMMISSIONER OF INTERNAL REVENUE, Appellee.

United States Court of Appeals, Third Circuit.

Reargued November 16, 1973.

Decided January 11, 1974.

Attorney(s) appearing for the Case

Morris B. Abram, James B. Lewis, Michael A. Varet, New York City, for appellants; Paul, Weiss, Rifkind, Wharton & Garrison, New York City, of counsel.

Scott P. Crampton, Asst. Atty. Gen., Meyer Rothwacks, Paul M. Ginsburg, Charles R. Burnett, Tax Div. Dept. of Justice, Washington, D.C., for appellee.

Before SEITZ, Chief Judge, and VAN DUSEN, ALDISERT, ADAMS, GIBBONS, ROSENN, HUNTER, WEIS and GARTH, Circuit Judges.

Argued March 5, 1973

Before GIBBONS and HUNTER, Circuit Judges, and MUIR, District Judge.

Reargued en banc Nov. 16, 1973

Before SEITZ, Chief Judge, and VAN DUSEN, ALDISERT, ADAMS, GIBBONS, ROSENN, HUNTER, WEIS and GARTH, Circuit Judges.

OPINION OF THE COURT

GIBBONS, Circuit Judge.

This is an appeal by taxpayers from a decision of the United States Tax Court holding that they were not entitled to deduct as administration...

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