PITTS v. UNITED STATES

No. 90-1709.

946 F.2d 1572 (1991)

Ellen O. PITTS, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided October 18, 1991.


Attorney(s) appearing for the Case

Harry Franklin Bosen, Jr., Harry F. Bosen, Jr., P.C., Salem, Va., argued (David S. De Jong, Stein, Sperling, Bennett, De Jong, Driscoll, Greenfeig & Metro, P.A., Rockville, Md., on brief), for plaintiff-appellant.

Charles Edward Brookhart, Tax Div., U.S. Dept. of Justice, Washington, D.C., argued (Shirley D. Peterson, Asst. Atty. Gen., Gary R. Allen, Tax Div., U.S. Dept. of Justice, Washington, D.C., John Perry Alderman, U.S. Atty., Roanoke, Va., on brief), for defendant-appellee.

Before WIDENER and SPROUSE, Circuit Judges, and TILLEY, District Judge for the Middle District of North Carolina, sitting by designation.


OPINION

PER CURIAM:

Pursuant to our order of certification to the Supreme Court of Virginia filed February 4, 1991, 946 F.2d 1569, we certified to the Supreme Court of Virginia the following question:

"Whether the notes received by George and Ellen Pitts, husband and wife, in exchange for real property held as tenants by the entireties, also are held as tenants by the entireties, although the notes contain no language...

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