AMERICAN NAT. BANK & TRUST CO. v. U. S.

No. 78-1136.

594 F.2d 1141 (1979)

AMERICAN NATIONAL BANK & TRUST COMPANY, not personally, but as Executor of the Estate of Robert C. Usher, Deceased, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided February 28, 1979.


Attorney(s) appearing for the Case

Roger B. Harris, Altheimer & Gray, Chicago, Ill., for plaintiff-appellant.

Ronald A. Dweck, Tax Div., Dept. of Justice, Washington, D. C., for defendant-appellee.

Before SWYGERT and SPRECHER, Circuit Judges, and GRANT, Senior District Judge.


SPRECHER, Circuit Judge.

The issue raised by this appeal is whether the penalty for the late-filing of an estate tax return after a substantial recovery on a contested insurance claim should be based on the value of the claim at death or on the amount of the claim ultimately recovered. We hold that the value at the date of death controls and remand to the district court for a determination of that value necessary to establish the refund due to the taxpayer.

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