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ESTATE OF VAN WYE v. UNITED STATES

No. 81-1020.

686 F.2d 425 (1982)

ESTATE OF Glen J. VAN WYE, and the Detroit Bank and Trust Company, a Michigan banking corporation, Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided August 23, 1982.

Attorney(s) appearing for the Case

Richard A. Rossman, U. S. Atty., Detroit, Mich., John F. Murray, Michael L. Paup, David I. Pincus, Tax Division, Dept. of Justice, Washington, D. C., for defendant-appellant.

John J. Collins, Jr., Detroit, Mich., for plaintiffs-appellees.

Before KEITH and MERRITT, Circuit Judges, and CELEBREZZE, Senior Circuit Judge.

MERRITT, Circuit Judge.

The issue on appeal here appears to be precisely the same as the issue treated by Judge Friendly for the Second Circuit in Schelberg v. Commissioner, 612 F.2d 25 (2nd Cir. 1979): Whether survivor benefits payable by a company to its deceased employee's widow are taxable as part of the deceased employee's estate under section 2039(a)1 of the Internal Revenue Code because the...

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