BANK OF NEW YORK v. UNITED STATES

No. 75-1120.

526 F.2d 1012 (1975)

The BANK OF NEW YORK, Executor of the Estate of Ellen G. Rionda, Deceased v. UNITED STATES of America, Appellant.

United States Court of Appeals, Third Circuit.

Decided November 4, 1975.


Attorney(s) appearing for the Case

Riker, Danzig, Scherer & Debevoise, Newark, N. J., for appellee; Marie L. Garibaldi, Newark, N. J., of counsel and on the brief.

Scott P. Crampton, Asst. Atty. Gen., Gilbert E. Andrews, Jonathan S. Cohen, Ann Belanger Durney, Attys., Tax Div., Dept. of Justice, Washington, D.C., for appellant; Jonathan L. Goldstein, U.S. Atty., of counsel.

Before VAN DUSEN, ADAMS and HUNTER, Circuit Judges.


OPINION OF THE COURT

ADAMS, Circuit Judge.

For purposes of the federal estate tax, there may be deducted claims against the estate that are paid by the estate and which are founded on promises or agreements, provided that such claims were, in the language of section 2053, "contracted bona fide and for an adequate and full consideration in money or money's worth . . .."1

This appeal poses the question whether the cost...

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