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BAUMBERGER v. COMMISSIONER OF INTERNAL REVENUE

No. 75-3418.

551 F.2d 90 (1977)

ESTATE of Charles C. BAUMBERGER, Jr., Deceased, Bexar County National Bank of San Antonio, and Travis M. Moursund, Successor to E. A. Baetz, Independent Executors, Petitioners-Appellants, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

April 25, 1977.

Attorney(s) appearing for the Case

Travis M. Moursund, San Antonio, Tex., for petitioners-appellants.

Scott P. Crampton, Asst. Atty. Gen., Michael L. Paup, Robert T. Duffy, Gilbert T. Andrews, Chief, App. Section, Tax Div., U. S. Dept. of Justice, Meade Whitaker, Chief Counsel, Internal Revenue Service, Washington, D. C., for respondent-appellee.

Before GODBOLD, TJOFLAT and HILL, Circuit Judges.

TJOFLAT, Circuit Judge:

The facts of this case are simple. The decedent, Charles Baumberger, died testate in 1968 owning a gross estate of over $9 million. His will provided that his wife be given outright a car, his personal effects, and the household personal property. She also received a life estate in their main residence, the remainder interest of which was to pass to the residuary legatee upon her death. The will went on to provide that the "rest, residue and...

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