Elinor M. Swain and Kawyn Moody, as Co-Executors of the Estate of Pauline E. Taylor Moody v. United States

CUMMINGS, Circuit Judge.

Plaintiffs Elinor M. Swain and Kawyn Moody are co-executors of the Estate of Pauline E. Taylor Moody. They filed this suit for a refund of $102,943.73 estate tax deficiency assessed against the Moody estate. Both sides filed motions for summary judgment and the defendant United States prevailed, resulting in an appeal by the estate.

Pauline Moody and her husband created an Illinois land trust (“Moody Land Trust I”) at the end of 1985. The land was located in Pike County, Illinois, and the Farmers State Bank and Trust Company of Jacksonville, Illinois, was appointed as…