ESTATE OF HOWARD v. C.I.R.

No. 89-70196.

910 F.2d 633 (1990)

ESTATE OF Rose D. HOWARD, Deceased; Roger W.A. Howard; Volney E. Howard, III; Alanson L. Howard; Robert L. Briner, Trustees, Petitioners-Appellees, v. COMMISSIONER OF INTERNAL REVENUE SERVICE, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided August 7, 1990.


Attorney(s) appearing for the Case

Shirley D. Peterson, Asst. Atty. Gen., Gary R. Allen, Gilbert S. Rothenberg, Joan I. Oppenheimer, Tax Div., Dept. of Justice, Washington, D.C., for respondent/appellant.

William W. Sumner, Charity Kenyon, Diepenbrock, Wulff, Plant & Hannegan, Sacramento, Cal., for petitioners/appellees.

Before CANBY, NOONAN and RYMER, Circuit Judges.


NOONAN, Circuit Judge:

The estate of Rose D. Howard (the petitioner) brought suit in the Tax Court for a redetermination of the deficiencies set out by the Commissioner of Internal Revenue (the Commissioner). The Tax Court gave judgment for the petitioner. 91 T.C. 329 (1988). The Commissioner appeals. This case requires the construction of the Internal Revenue Code, 26 U.S.C. § 2056(b)(7). Although the issue is narrow, there has...

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