ESTATE OF SPALDING

No. 755, Docket 75-4248.

537 F.2d 666 (1976)

ESTATE of Amy Ann McGinnis SPALDING, Deceased. Charles F. SPALDING, Executor, Petitioner-Appellant, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided June 18, 1976.


Attorney(s) appearing for the Case

James B. Lewis, New York City (Jose E. Trias, Paul, Weiss, Rifkind, Wharton & Garrison, New York City, of counsel), for petitioner-appellant.

William S. Estabrook, III, Washington, D.C. (Scott P. Crampton, Asst. Atty. Gen., Gilbert E. Andrews, Elmer J. Kelsey, Attys., Dept. of Justice, Tax Div., Washington, D.C.), for respondent-appellee.

Before MOORE and FEINBERG, Circuit Judges, and WYZANSKI, District Judge.


MOORE, Circuit Judge:

Estate of Amy Ann McGinnis Spalding, Deceased, Charles F. Spalding, Executor, Petitioner-Appellant, petitions this Court to review a decision of the United States Tax Court, Tannenwald, J., finding a deficiency in estate tax due from petitioner in the amount of $415,121.45. The case was presented to the Tax Court upon a stipulation of facts agreed upon by the parties. The tax in question resulted from the Commissioner's disallowance of...

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