ESTATE OF HUNTINGTON v. C.I.R.

No. 93-1602.

16 F.3d 462 (1994)

ESTATE OF Elizabeth G. HUNTINGTON, Deceased, Nancy H. Brunson, Administratrix, Petitioner, Appellant, v. COMMISSIONER OF INTERNAL REVENUE, Respondent, Appellee.

United States Court of Appeals, First Circuit.

Decided February 23, 1994.

Rehearing Denied March 17, 1994.


Attorney(s) appearing for the Case

Michael E. Chubrich, Portsmouth, NH, for appellant.

Annette M. Wietecha, with whom Gary R. Allen, Ann B. Durney, and Michael L. Paup, Acting Assistant Attorney General, Washington, DC, were on brief for appellee.

Before SELYA, Circuit Judge, COFFIN, Senior Circuit Judge, and CYR, Circuit Judge.


COFFIN, Senior Circuit Judge.

Charles and Myles Huntington claim that their stepmother, the decedent, promised as part of a reciprocal will agreement with their father that she would devise her estate in equal shares to them and their stepsister. Decedent died intestate, leaving the sons without an inheritance. Their claim against her estate ultimately led to a $425,000 settlement. The question posed by this appeal is whether the estate may deduct the settlement amount...

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