American Fletcher National Bank and Trust Company, of the Estate of Mae L. Roberts, Deceased v. United States

CAMPBELL, Senior Judge.

This is an appeal by the government from an unfavorable decision in a tax refund suit. The issue before the district court was whether a decedent’s transfer of shares of stock in trust, made twenty-six months prior to her death, was a transfer in “contemplation of death” requiring that the value of such stock be included in decedent’s gross estate. 26 U.S.C. § 2035. In a memorandum decision, the district court found that the decedent’s transfer of assets to the irrevocable trust was not in contemplation of death and that the deficiency assessment made by the…