Eleanor Quick v. United States

MOORE, Circuit Judge:

This suit for a tax refund was submitted to the trial court for decision upon a joint stipulation of facts and un-controverted facts in a pre-trial order. Pertinent to decision are the following:

Prior to his death, plaintiff’s husband, Edmund T. Quick (the decedent) had contracted to sell 640 acres of land for $1,100,000 on an installment basis with the proviso that the seller would convey to the purchaser one acre for each $2,000 paid annually. The balance remaining to be paid on the date of decedent’s death was $1,060,000, an amount which was included in his estate.

Durin…