DURST v. UNITED STATES

No. 76-1938.

559 F.2d 910 (1977)

Marien E. DURST and G. Chester Durst, Executors of the Estate of John E. Dieteman, Deceased v. The UNITED STATES of America, Appellant.

United States Court of Appeals, Third Circuit.

Decided July 7, 1977.


Attorney(s) appearing for the Case

William F. Illig, MacDonald, Illig, Jones & Britton, Erie, Pa., for appellees.

Blair A. Griffith, U. S. Atty., Scott P. Crampton, Asst. Atty. Gen., Gilbert E. Andrews, William S. Estabrook, Gilbert S. Rothenberg, Attorneys, Tax Division, Dept. of Justice, Washington, D. C., for appellant.

Before SEITZ, Chief Judge, ALDISERT and HUNTER, Circuit Judges.


OPINION OF THE COURT

SEITZ, Chief Judge.

This appeal is from a final judgment of the district court ordering the United States to refund estate taxes in the amount of $77,939.42 together with interest to Marien E. Durst and G. Chester Durst, Executors of the Estate of John E. Dieteman, deceased. The refund is equal to the tax deficiency assessed against and paid by the plaintiff-executors attributable solely to their failure to include as part of his gross...

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