MORTON, District Judge.
This is an action to recover back a tax paid on the estate of Frank W. Remick, deceased. The facts are stipulated and may be briefly stated as follows:
Mr. Remick transferred to trustees in 1921 certain property to be held in trust during the joint lives of himself and his wife. On the death of either, the trust terminated and the survivor took the property. The income during the continuance of the trust was either to be paid to Mr...
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