Provident National Bank, of the Estate of Abram L. Spector and Trustee Under Paragraph 12 of the Will of Abram L. Spector v. United States

OPINION OF THE COURT

VAN DUSEN, Circuit Judge.

This case concerns the proper federal estate tax treatment of the testamentary disposition of a decedent’s controlling equity interest in a family-held closed corporation. More particularly, this appeal results from a tax refund suit which put in issue the allowance and valuation of a marital deduction from the value of a gross estate under I.R.C. § 2056. An appeal has been taken from a district court order granting the Government’s motion for summary judgment and denying the taxpayer’s motion for summary judgment. We believe neither motion for…