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STACK v. U.S.

No. 93-2249.

23 F.3d 1400 (1994)

Thomas L. STACK, Special Administrator of the Estate of Mary McCarthy Quinn, aka Mary M. Quinn and Mary Francis Quinn, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided May 6, 1994.

Attorney(s) appearing for the Case

Leo H. Dehler, St. Paul, MN, argued, for appellant.

S. Robert Lyons, Washington, DC, argued, for appellee.

Before McMILLIAN, WOLLMAN, and MAGILL, Circuit Judges.

WOLLMAN, Circuit Judge.

Thomas L. Stack, Special Administrator for the estate of Mary Francis McCarthy Quinn, seeks to recover estate tax and interest paid. The district court concluded that decedent had a vested interest in undistributed proceeds from the McCarthy Well Company Profit Sharing Trust at the time of her death and that the Internal Revenue Service (IRS) properly included the proceeds in the gross estate. It therefore granted the government's motion for...

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