WHEELER v. U.S.

No. 96-50144.

116 F.3d 749 (1997)

John Michael WHEELER, Independent Executor of the Estate of Elmore K. Melton, Jr., Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

June 19, 1997.


Attorney(s) appearing for the Case

Harry W. Wolff, Jr., Cox & Smith Incorporated, San Antonio, TX, Stanley M. Johanson, Vinson & Elkins, Houston, TX, for Plaintiff-Appellant.

Charles Bricken, Gilbert S. Rothenberg, Gary R. Allen, U.S. Department of Justice, Tax Division, Appellate Section, Washington, DC, for Defendant-Appellee.

Before GARWOOD, BARKSDALE and DENNIS, Circuit Judges.


GARWOOD, Circuit Judge:

This case involves the determination of the federal estate tax due from the estate of Elmore K. Melton, Jr. (Melton). On July 13, 1984, Melton, then age sixty, sold to his two adopted sons, John Wheeler and David Wheeler, the remainder interest in his ranch located in Bexar County, Texas. Melton retained a life estate in the ranch and used the actuarial tables set forth in the Treasury Regulations to determine the price to be paid by the Wheelers...

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