Security Pacific National Bank v. United States

578 F.2d 790 78-2 USTC P 13,250 SECURITY PACIFIC NATIONAL BANK, Executor under the Will of J. Benton Van Nuys, Deceased, Security Pacific National Bank, Trustee under the Will of J. Benton Van Nuys, Deceased and Robert Gibson Johnson, Executor under the Will of Emily Van Nuys, Deceased, Appellants, v. UNITED STATES of America, Appellee. No. 75-2425. United States Court of Appeals, Ninth Circuit. May 26, 1978. Rehearing Denied July 19, 1978. Harry A. Olivar (argued), Los Angeles, Cal., for appellants. Philip I. Brennan (argued), of Dept. of Justice, Washington, D. C., for appellee. Appeal from the United States District Court for the Central District of California. Before CARTER, WALLACE, and GOODWIN, Circuit Judges. GOODWIN, Circuit Judge: 1 The executor of the estate of J. Benton Van Nuys appeals from a judgment denying a refund of estate taxes. The issue is whether the estate was entitled to an estate-tax deduction under Section 2055 of the Internal Revenue Code for the charitable remainder trusts created in the decedent's will. The trial court held that the estate was not entitled to the deduction. We affirm. 2 The will provided that half of Van Nuys' separate property was to…