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ESTATE OF KERBER v. UNITED STATES

No. 83-1500.

717 F.2d 454 (1983)

ESTATE OF Jessie E. KERBER, Helen Doring, Executrix, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided September 23, 1983.

Attorney(s) appearing for the Case

Robert J. Campbell, Brown, Koralchik & Fingersh, Overland Park, Kan., for appellant; Brown, Koralchik & Fingersh, Kansas City, Mo., of counsel.

Glenn L. Archer, Jr., Asst. Atty. Gen., Michael L. Paup, William S. Estabrook, William P. Wang, Attys., Tax Div., Dept. of Justice, Washington, D.C., for appellee; Robert G. Ulrich, U.S. Atty., Kansas City, Mo., of counsel.

Before LAY, Chief Judge, HENLEY, Senior Circuit Judge, and McMILLIAN, Circuit Judge.

PER CURIAM.

Helen Doring, the executrix of the estate of Jessie E. Kerber, brought an action seeking a refund of amounts assessed by the Internal Revenue Service (IRS) as penalties for the late filing of an estate tax return and the late payment of the tax owed by the estate. The executrix also sought recovery of administrative expenses incurred to prosecute the refund claim. She now appeals the order of the district court granting summary judgment in favor of the...

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