439 F2d 1197 Stoutz III v. United States

439 F.2d 1197

71-1 USTC P 12,755

Dr. Henry Lewis STOUTZ, III and Mrs. Fancher Marie Stoutz
Coe, as Transferees of the Estate of Ruth Harvey
Fancher Stoutz, Plaintiffs-Appellants,
UNITED STATES of America, Defendant-Appellee.

No. 30855.

United States Court of Appeals, Fifth Circuit.

March 18, 1971, Rehearing Denied April 28, 1971.

Louis B. Graham, Graham, Graham & Kiefer, New Orleans, La., for appellants.

Johnnie M. Walters, Asst. Atty. Gen., Tax Div., Meyer Rothwacks, Janet R. Spragens, Attys., Washington, D.C., Gerald J. Gallinghouse, U.S. Atty., New Orleans, La., Helen E. Marmoll, U.S. Dept. Of Justice, Washington, D.C., Bennet N. Hollander, Atty., Tax Division, Department of Justice, Washington, D.C., for appellee.

Before GEWIN, BELL and ALDISERT,1 Circuit Judges.


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We affirm the judgment of the district court for the reasons set forth in its adjudication 324 F.Supp. 197. The proceedings are remanded to the district court for consideration of the question whether the estate of Ruth Harvey Fancher Stoutz may be entitled to an additional deduction in the computation of the estate tax for the attorneys' fee and costs of processing this appeal.


Affirmed and remanded.


Of the Third Circuit, sitting by designation