ESTATE OF DANCY v. C.I.R.

No. 88-1122.

872 F.2d 84 (1989)

ESTATE OF Josephine O'Meara DANCY, Deceased, John J. Peck, Executor, Petitioner-Appellant, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided April 10, 1989.


Attorney(s) appearing for the Case

Maria McAfee Lynch (Hunter, Wharton & Lynch, Timothy L. McMahon, Poyner & Spruill, Raleigh, N.C., on brief), for petitioner-appellant.

Kimberly Sue Stanley (William S. Rose, Jr., Asst. Atty. Gen., Gary R. Allen, Ann Belanger Durney, Tax Div., U.S. Dept. of Justice, Washington, D.C., on brief), for respondent-appellee.

Before WILKINS, Circuit Judge, BUTZNER, Senior Circuit Judge, and MOTZ, United States District Judge for the District of Maryland, sitting by designation.


BUTZNER, Senior Circuit Judge:

John J. Peck, executor of the estate of Josephine Dancy, appeals a tax court decision assessing an estate tax deficiency of $46,240.42. The tax court upheld the Commissioner's determination that a disclaimer of the survivorship interest in jointly held personal property was invalid for federal estate tax purposes. Because we conclude that the disclaimer was valid under North Carolina law and timely under federal law, we reverse.

...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases