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JESCHKE v. U.S.

No. 84-1456.

814 F.2d 568 (1987)

Emil L. JESCHKE, Executor of the Estate of Emil J. Jeschke, Deceased, Ida G. Jeschke, and Myron Jeschke, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

March 12, 1987.

Attorney(s) appearing for the Case

Robert A. Reeder (Alan M. Boeh, with him, on briefs), Reeder & Boeh, Chartered, Troy, Kan., for plaintiffs-appellants.

Robert A. Bernstein, Tax Div., Dept. of Justice (Benjamin L. Burgess, U.S. Atty., of counsel, Glenn L. Archer, Jr. Asst. Atty. Gen., Michael L. Paup, and John P. Giffin, Tax Div., Dept. of Justice, with him, on briefs), Washington, D.C., for defendant-appellee.

Before MOORE, McWILLIAMS and ANDERSON, Circuit Judges.

STEPHEN H. ANDERSON, Circuit Judge.

The estate of Emil J. Jeschke appeals from an adverse judgment by the District Court in a federal estate tax refund suit filed by the estate. Upon audit of the federal estate tax return filed by the estate the Internal Revenue Service ("IRS") assessed a deficiency of $11,297.22 plus $2,766.14 in interest based mainly upon three adjustments: (1) inclusion in the gross estate of interest, unmatured and forfeitable prior to death but...

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