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WHITE v. UNITED STATES

No. 81-2043.

680 F.2d 1156 (1982)

John F. WHITE, Administrator D.B.N., C.T.A., of the Estate of Theodore N. Townsend, Deceased, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided June 14, 1982.

Attorney(s) appearing for the Case

Frank P. Cihlar, Tax Div., Dept. of Justice, Washington, D. C., for defendant-appellant.

Douglass R. Shortridge, Indianapolis, Ind., for plaintiff-appellee.

Before CUMMINGS, Chief Judge, BAUER, Circuit Judge, and DOYLE, Senior District Judge.

BAUER, Circuit Judge.

This tax refund suit concerns the federal estate tax consequences of decedent Theodore N. Townsend's failure to mention his general power of appointment over certain trust assets in his will. The district court granted summary judgment in favor of decedent's estate, concluding that the Internal Revenue Service (IRS) erroneously included the trust-assets' value in Townsend's estate. White v. United...

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