NEELY v. UNITED STATES

No. 236-78.

613 F.2d 802 (1980)

Margaret A. NEELY, as Personal Representative of the Estate of Doyle E. Neely, Deceased, v. The UNITED STATES.

United States Court of Claims.

January 23, 1980.


Attorney(s) appearing for the Case

Stanley W. Rosenkranz, Tampa, Fla., attorney of record, for plaintiff. Macfarlane, Ferguson, Allison & Kelly, Tampa, Fla., of counsel.

Donald P. Lan, Jr., Washington, D. C., with whom was Asst. Atty. Gen. M. Carr Ferguson, Washington, D. C., for defendant. Theodore D. Peyser, Jr., and Robert S. Watkins, Washington, D. C., of counsel.

Before FRIEDMAN, Chief Judge, KUNZIG and BENNETT, Judges.


ON CROSS-MOTIONS FOR SUMMARY JUDGMENT

BENNETT, Judge:

Margaret A. Neely, as the personal representative of the estate of her husband, Doyle E. Neely, sues for the refund of additional estate taxes assessed by the Commissioner of Internal Revenue. The additional assessment was attributable to the inclusion by the Commissioner of the value of an annuity in decedent's gross estate under I.R.C. § 2039. The case is before the court on cross-motions for summary...

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