The Florida Bank at Lakeland and J. B. O'neill, Co-Executors of Estate of Hugh H. Nelson, Deceased, and Cross v. United States

TUTTLE, Circuit Judge.

The executors of the estate of Hugh H. Nelson here appeal from a decision by the trial court, sitting without a jury, largely on stipulated facts, that they were not entitled to a charitable deduction with respect to estate taxes because the value of the charitable remainder was not ascertainable; the United States appeals from a decision of the trial court with respect to the amount of the marital deduction allowed to the estate.

We first consider the appeal by the executors.

Section 2055 of the Internal Revenue Code of 1954 authorizes a deduction from the gross estate of…