ESTATE OF KLUENER v. C.I.R.

No. 97-1201.

154 F.3d 630 (1998)

Estate of Robert G. KLUENER, Donald E. Hathaway, Co-Executor, Charlotte J. Kluener, Petitioners-Appellants, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided September 9, 1998.


Attorney(s) appearing for the Case

David E. Hathaway (argued and briefed), Beckman, Weil, Shepardson & Faller, LLC, Cincinnati, OH, for Petitioners-Appellants.

Stuart L. Brown, Internal Revenue Service, Joan I. Oppenheimer, David I. Pincus (briefed), Patricia Bowman (argued and briefed), U.S. Department of Justice, Appellate Section Tax Division, Washington, DC, for Respondent-Appellee.

Before: WELLFORD, NELSON, and SILER, Circuit Judges.


SILER, J., delivered the opinion of the court, in which NELSON, J., joined. WELLFORD, J. (pp. 640-641), delivered a separate opinion concurring in part and dissenting in part.

OPINION

SILER, Circuit Judge.

This case involves the tax consequences of a horse sale. The petitioners are the estate of Robert Kluener and Kluener's widow, Charlotte ("the taxpayers"). In the late 1980's, Robert Kluener ("Kluener") transferred forty-one horses to his closely...

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