LAMKIN v. UNITED STATES

No. 75-2697 Summary Calendar.

533 F.2d 303 (1976)

W. H. LAMKIN et al., Independent Executors of the Estate of Elizabeth Sullivan Clem, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

June 14, 1976.


Attorney(s) appearing for the Case

Richard F. Halter, Robert Lee Bobbitt, Jr., San Antonio, Tex., for plaintiffs-appellants.

John E. Clark, U. S. Atty., Hugh P. Shovlin, Asst. U. S. Atty., San Antonio, Tex., Scott P. Crampton, Asst. Atty. Gen., Tax Div., Loring W. Post, Robert S. Watkins, Gilbert E. Andrews, Act. Chief, Appellate Sec., Dept. of Justice, Washington, D. C., for defendant-appellee.

Before THORNBERRY, MORGAN and RONEY, Circuit Judges.


RONEY, Circuit Judge:

This appeal involves an issue of tax law which has, apparently, reached the courts on only one previous occasion. We are called upon to decide whether 26 U.S.C.A. § 167(h) permits an estate in administration to take a depreciation deduction on real property when the estate distributed the income generated by that property to income beneficiaries of the trust that will eventually hold the property. The Government allocated a pro rata share...

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