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IN RE ESTATE OF JOSLYN

No. 72-2554.

500 F.2d 382 (1974)

In re ESTATE of Marcellus L. JOSLYN, Deceased. Robert D. MacDONALD, Executor, Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals, Ninth Circuit.

June 24, 1974.

Attorney(s) appearing for the Case

Malcom George Smith (argued), Perry A. Lerner, Kindel & Anderson, Los Angeles, Cal., for petitioner.

Scott P. Crampton, Asst. Atty. Gen., and Carleton D. Powell, Atty. (argued), Tax Div., U.S. Dept. of Justice, Washington, D. C., for respondent.

Before KILKENNY, TRASK and CHOY, Circuit Judges.

TRASK, Circuit Judge:

This is an appeal from a decision of the Tax Court that was adverse to the executor of the Estate of Marcellus L. Joslyn. Jurisdiction below was based upon section 6214 of the Internal Revenue Code of 1954;1 this court's jurisdiction lies pursuant to section 7482 of the Code. The Tax Court's opinion is reported at 57 T.C. 722 (1972).

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