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GASKILL v. UNITED STATES

No. 58,202

238 Kan. 238 (1985)

708 P.2d 552

GLENN C. GASKILL, Executor of the Estate of Sophie B. Gaskill, Deceased, Appellee, v. UNITED STATES OF AMERICA, Appellant.

Supreme Court of Kansas.

Opinion filed October 25, 1985.

Attorney(s) appearing for the Case

William P. Wang, of the United States Department of Justice, argued the cause, and Michael L. Paup, Robert A. Bernstein, and Glenn L. Archer, Jr., all of Washington, D.C., and Benjamin L. Burgess, Jr., of Wichita, were with him on the brief for appellant.

Jack E. Dalton, of Mangan, Dalton, Trenkle & Rebein Chartered, of Dodge City, argued the cause, and Michael A. Doll, of the same firm, was with him on the brief for appellee.

The opinion of the court was delivered by

LOCKETT, J.:

This case is here on certification from the Tenth Circuit Court of Appeals. The United States appealed from a judgment of the United States District Court for the District of Kansas in which the district court had determined that under Kansas law the life tenant under a will did not have the right to consume the corpus of the life estate, and, therefore, the value of the life estate was not taxable as...

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