Legal Opinion
Estate of James C. Gibbs, Sr. James C. Gibbs, Jr., in No. 98-5099 v. United States of America, in No. 97-5815
Court of Appeals for the Third Circuit
Decided December 1, 1998No. 97-5815, 98-5099PublishedCited by 7 opinions
1Opinion of the Court
OPINION OF THE COURT
COWEN, Circuit Judge.
James C. Gibbs, Jr. (“taxpayer”), executor of the estate of James C. Gibbs, Sr., initiated this action in the District Court for the District of New Jersey against the United States for a refund of estate taxes paid under the recapture tax provision of § 2032A of the Internal Revenue Code. The lawsuit turns on the resolution of a question of first impression: did taxpayer dispose “of any interest” in his family farm by granting the State of New Jersey a development easement in that farm in exchange for $1.4 million? The district court, relying on New…
2Cases cited16 opinions
- Connecticut National Bank v. GermainSupreme Court of the United States · 1992
- Loretto v. Teleprompter Manhattan CATV Corp.Supreme Court of the United States · 1982
- Morgan v. CommissionerSupreme Court of the United States · 1940
- United States v. National Bank of CommerceSupreme Court of the United States · 1985
- United States v. BessSupreme Court of the United States · 1958
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3Cited by7 opinions
- In re GonzalezUnited States Bankruptcy Court, E.D. Pennsylvania · 2016
- Assisted Living Associates of Moorestown, L.L.C. v. Moorestown TownshipDistrict Court, D. New Jersey · 1998
- In Re MunkwitzDistrict Court, E.D. Pennsylvania · 1999
- Francisco v. United StatesDistrict Court, E.D. Pennsylvania · 1999
- United States v. AskegardDistrict Court, D. Minnesota · 2005
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