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ALEXANDER v. UNITED STATES

No. 260-79T.

640 F.2d 1250 (1981)

William Paul ALEXANDER and Viola C. Alexander v. The UNITED STATES.

United States Court of Claims.

January 28, 1981.

Attorney(s) appearing for the Case

John S. Campbell, Albuquerque, N. M., attorney of record, for plaintiffs. John D. Laflin and Associates, Albuquerque, N. M., of counsel.

Kevin B. Shea, Washington, D. C., with whom was Asst. Atty. Gen. M. Carr Ferguson, Washington, D. C., for defendant. Theodore D. Peyser and Donald H. Olson, Washington, D. C., of counsel.

Before FRIEDMAN, Chief Judge, and NICHOLS and BENNETT, Judges.

ON CROSS-MOTIONS FOR SUMMARY JUDGMENT

FRIEDMAN, Chief Judge:

The question in this federal tax refund suit is whether the plaintiffs (the Alexanders) made a taxable gift of the amount of a mortgage on real property to their children and grandchildren when, in connection with the sale of the property, which they all owned jointly, the Alexanders agreed that they would continue to make the payments on the existing...

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