Joe P. Cunningham, J. B. Cunningham and W. H. Swain, Independent Executors of the Estate of Harry T. Parker, Deceased v. United States

TJOFLAT, Circuit Judge:

Upon the filing of a tax return for the estate of Harry Parker, the Internal Revenue Service (IRS) asserted a deficiency, claiming that some $276,000 in gifts had been distributed by Mr. Parker in contemplation of death. The alleged deficiency was paid, and the filing for a refund being unfruitful, the estate brought suit in district court. A jury determined that Mr. Parker had not made the gifts in contemplation of death, but rather had acted with life motives. IRS now appeals, contending that the trial judge erred in not directing a verdict in its favor or granting it…