ESTATE OF MONROE v. C.I.R.

No. 95-60576.

124 F.3d 699 (1997)

ESTATE of Louise S. MONROE, Deceased, Robert J. Monroe, Provisional Administrator and Estate of J. Edgar Monroe, Executor, Petitioners-Appellants, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

October 9, 1997.


Attorney(s) appearing for the Case

Donald H. McDaniel, George Frazier, Michael E. Guarisco, Guarisco, Welier & Cordes, New Orleans, LA, for Petitioners-Appellants.

Gary R. Allen, Joan I. Oppenheimer, Jonathan S. Cohen, Loretta Argrett, Asst. Atty. Gen., U.S. Department of Justice, Tax Division, Appellate Section, Washington, DC, Charles Casazza, Clerk, U.S. Tax Court, Washington, DC, Stuart L. Brown, Chief Counsel, Internal Revenue Service, Washington, DC, for Respondent-Appellee.

Before KING, JONES and DUHÉ, Circuit Judges.


EDITH H. JONES, Circuit Judge:

I. BACKGROUND

This case requires interpretation of § 2518(b) of the Internal Revenue Code and its accompanying regulations, which describe "qualified disclaimer" of benefits, a device commonly used for "post-mortem" estate and other tax planning. The disclaimants here were 29 legatees of the wife's will, all of whom were asked by her husband and did irrevocably disclaim the proffered bequests. Shortly afterward...

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