MORRISSEY v. C.I.R.

No. 99-71013.

243 F.3d 1145 (2001)

James J. Morrissey; Alan S. Bercutt, C.P.A.; Diane Fantl, Co-executors of the Estate of Alice Friedlander Kaufman, Deceased, Petitioners-Appellants, v. Commissioner of Internal Revenue, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed March 15, 2001.


Attorney(s) appearing for the Case

David Duez, Esq., Chicago, Illinois, for the petitioners-appellants.

Marion Erickson, Department of Justice, Washington, D.C., for the respondent-appellee.

Before: Procter Hug, Jr., John T. Noonan, and William A. Fletcher, Circuit Judges.


Argued and Submitted February 14, 2001 — San Francisco, California.

NOONAN, Circuit Judge:

The executors of the Estate of Alice Friedlander Kaufman appeal the judgment of the Tax Court assessing a deficiency of $209,546 against the Estate. We hold that the Tax Court disregarded what should have been dispositive, viz., the price at which stock owned by the Estate had traded between willing and knowledgeable buyers and sellers. Accordingly, we reverse...

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