BOWES v. UNITED STATES

No. 78-1604.

593 F.2d 272 (1979)

Harlowe E. BOWES and Harris Trust and Savings Bank, etc., Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

February 23, 1979.


Attorney(s) appearing for the Case

Thomas E. Swaney, Chicago, Ill., for plaintiffs-appellants.

Marilyn E. Brookens, Dept. of Justice, Washington, D. C., for defendant-appellee.

Before FAIRCHILD, Chief Judge, SWYGERT, Circuit Judge, and EAST, Senior District Judge.


SWYGERT, Circuit Judge.

The question before us is whether a decedent's estate should be allowed to increase its charitable deduction under the federal estate tax laws if income in the form of interest from a fund set aside to pay estate and inheritance taxes is received after death and passes to charity. The district court determined that no increase in the charitable deduction should be allowed. We affirm.

I

The facts are not in dispute. Lyle M...

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