DORN v. U.S.

No. 86-3676.

828 F.2d 177 (1987)

Clayton G. DORN and David F. Dorn executors of the Estate of Ruth H. Dorn, Appellees, v. UNITED STATES of America, Appellant.

United States Court of Appeals, Third Circuit.

Decided September 2, 1987.

Rehearing and Rehearing Denied September 28, 1987.


Attorney(s) appearing for the Case

Michael L. Paup, Robert S. Pomerance, Kenneth L. Greene (argued), Appellate Section, Tax Div., Dept. of Justice, Washington, D.C., for appellant.

Edward J. Greene (argued), Eckert, Seamans, Cherin and Mellott, Pittsburgh, Pa., for appellees.

Before SLOVITER, BECKER and GARTH, Circuit Judges.


Rehearing and Rehearing In Banc Denied September 28, 1987.

OPINION OF THE COURT

BECKER, Circuit Judge.

This appeal in a tax refund case concerns the correct valuation for federal estate tax purposes of 54,000 shares of stock subject to certain legally binding, nonassignable stock options granted to the children and grandchildren of decedent, Ruth H. Dorn. The district court found that the shares should be included in the gross estate at the option...

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