Estate of Kirstine Geleff Bagley, Deceased, the First National Bank of Orlando v. United States

BELL, Circuit Judge.

This is an appeal from a judgment of the District Court, 318 F.Supp. 765, denying a refund of federal estate taxes paid by appellant executor. A federal estate tax return for the estate of Mrs. Kirstine Bagley was timely filed. The tax shown to be due in the amount of $42,711.77 was paid with the return. The suit for refund which underlies this appeal was filed after the rejection of a claim for refund. Judgment was entered for the governihent on its cross-motion for summary judgment and this appeal followed.

The sole issue presented is whether the taxable estate included a…