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ESTATE OF BAILEY v. COMMISSIONER

Docket No. 4861-80.

50 T.C.M. 82 (1985)

T.C. Memo. 1985-274

Estate of Roberta L. Bailey, Deceased, Joseph W. Bailey, III, Independent Executor v. Commissioner.

United States Tax Court.

Filed June 6, 1985.

Attorney(s) appearing for the Case

Terence M. Murphy, 2001 Ross Ave., Dallas, Tex., E. Richard Criss, Jr., and J. Scott Morris, for the petitioner. Donna K. Robason, for the respondent.

Memorandum Findings of Fact and Opinion

FEATHERSTON, Judge:

This case is before the Court on remand from the Court of Appeals for the Fifth Circuit. The issues for decision are:

1. Whether the claim asserted by Joseph W. Bailey III against petitioner, his mother's estate, after her death in 1976, for a constructive trust representing the value of his share of the estate of his father, who died in 1943, is barred under Texas law by the applicable...

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