HALLIDAY v. UNITED STATES

No. 80-7882.

655 F.2d 68 (1981)

Claudia HALLIDAY, Birmingham Trust National Bank, Executor of Estate of William T. Halliday, Jr., Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit. Unit B

Rehearing and Rehearing Denied October 7, 1981.


Attorney(s) appearing for the Case

M. Carr Ferguson, James A. Riedy, Ann Belanger Durney, Dept. of Justice, Washington, D. C., for defendant-appellant.

James E. Roberts, Wheeler, Christian & Roberts, Daniel H. Markstein, III, Markstein & Morris, Birmingham, Ala., for plaintiffs-appellees.

Before FRANK M. JOHNSON, Jr. and HATCHETT, Circuit Judges, and SCOTT, District Judge.


Rehearing and Rehearing En Banc Denied October 7, 1981.

FRANK M. JOHNSON, Jr., Circuit Judge:

Taxpayers Claudia Halliday and Birmingham Trust National Bank, the Executor of the Estate of William T. Halliday, Jr., brought suit seeking a refund for the alleged overpayment of federal income taxes. The district court held that certain commissions on insurance renewal premiums did not constitute "income in respect of a decedent" within the meaning of Section 691...

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