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ESTATE OF WOLL BY WOLL v. U.S.

No. 94-1192.

44 F.3d 464 (1994)

ESTATE OF Albert A. WOLL, by David WOLL, Co-Trustee of the Third Restatement of Intervivos Revocable Trust for the Benefit of Albert A. Woll, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided December 30, 1994.

Rehearing and Suggestion for Rehearing Denied January 30, 1995.

Attorney(s) appearing for the Case

Alan N. Shovers, Marjorie J. Scharpf (argued), Kahn, Dees, Donovan & Kahn, Evansville, IN, for plaintiff-appellee.

Judith A. Stewart, Office of the U.S. Atty., Indianapolis, IN, Gary R. Allen, Robert W. Metzler, Gilbert S. Rothenberg (argued), Karen A. Smith, Stephen T. Lyons, Dept. of Justice, Tax Div., Appellate Section, Washington, DC, for defendant-appellant.

Before COFFEY and ROVNER, Circuit Judges, and FOREMAN, District Judge.

Rehearing and Suggestion for Rehearing En Banc Denied January 30, 1995.

ILANA DIAMOND ROVNER, Circuit Judge.

After ruling against the government on the merits of a suit challenging the tax assessed against a decedent's estate, the district court concluded that the government's litigating position had not been substantially justified and that the estate was entitled to recover its attorneys' fees and costs. We hold that in determining an estate's eligibility...

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