ESTATE OF CHARANIA v. SHULMAN

No. 09-2430.

608 F.3d 67 (2010)

ESTATE OF Noordin M. CHARANIA et al., Petitioners, Appellants, v. Douglas L. SHULMAN, Commissioner of Internal Revenue Service, Respondent, Appellee.

United States Court of Appeals, First Circuit.

Decided June 17, 2010.


Attorney(s) appearing for the Case

William F. Sheehan, with whom Goodwin Procter LLP was on brief, for appellants.

Patrick J. Urda, Attorney, Tax Division, U.S. Dep't of Justice, with whom John A. DiCicco, Acting Assistant Attorney General, and Richard Farber, Attorney, Tax Division, were on brief, for appellee.

Before LYNCH, Chief Judge, SOUTER, Associate Justice, and SELYA, Circuit Judge.


SELYA, Circuit Judge.

In a letter written on November 13, 1789, Benjamin Franklin famously warned that "in this world nothing is certain but death and taxes." This appeal proves the enduring wisdom of Franklin's pithy admonition. The tale follows.

Refined to bare essence, the appeal presents two interconnected questions. The first, which concerns the amount of tax due, turns on whether shares of stock held in the name of a decedent were community property...

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