ESTATE OF HALE v. U.S.

No. 88-5711.

876 F.2d 1258 (1989)

ESTATE OF Minnie HALE, Deceased, Robert V. Hale, Executor, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided June 7, 1989.


Attorney(s) appearing for the Case

Robert E. Maclin, Charles R. Hembree (argued), Kincaid, Wilson, Schaeffer & Hambree, Lexington, Ky., for Estate of Minnie Hale, deceased; Robert V. Hale, Executor.

Louis DeFalaise, U.S. Atty., Lexington, Ky., Richard Farber, Edward J. Snyder, Michael J. Martineau, James H. Love (argued), U.S. Dept. of Justice, Tax Div. Appellate Section, Washington, D.C., Gary R. Allen, Acting Chief, William S. Rose, Jr., Asst. Atty. Gen., Dept. of Justice, Tax Div., Washington, D.C., for U.S.

Before MERRITT and NELSON, Circuit Judges; and LIVELY, Senior Circuit Judge.


LIVELY, Senior Circuit Judge.

This appeal concerns the timeliness of claims for refund of gift taxes that the government admits were overpaid. The district court found that under all the facts and circumstances the taxpayer filed a timely informal claim.

I.

Acting under a general power of attorney, Minnie Hale transferred property of her husband, George Hale, to herself. She then transferred portions of the same property as gifts to her son, his...

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