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ESTATE OF ROBERTSON v. U.S.

No. 89-7110 Summary Calendar.

903 F.2d 1034 (1990)

ESTATE OF Claudia M. ROBERTSON, Deceased, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied July 19, 1990.

Attorney(s) appearing for the Case

David Tate, Russell, Tate & Gowan, Wichita Falls, Tex., for plaintiff-appellant.

Gary R. Allen, Chief, Rosemary Schrauth, Richard Farber, Appellate Section, Tax Div., Dept. of Justice, Washington, D.C., Marvin Collins, U.S. Atty., Tax Div., Marcy C. Vance, Asst. U.S. Atty., Dallas, Tex., for defendant-appellee.

Before REAVLEY, KING and JOHNSON, Circuit Judges.

PER CURIAM:

This case was originally filed by Ernest Robertson as executor of the estate of Claudia M. Robertson against the United States of America seeking a refund of a tax paid by the estate. The district court entered an order denying the refund upon determining that the Internal Revenue Service had properly disallowed a certain marital deduction. The sole issue presented for our review is whether the bequest from the testatrix, Claudia M. Robertson, to her husband...

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