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NEUSTADTER v. UNITED STATES

No. 8176.

90 F.2d 34 (1937)

NEUSTADTER et al. v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

May 3, 1937.

Attorney(s) appearing for the Case

Adolphus E. Graupner, of San Francisco, Cal., for appellants.

H. H. McPike, U. S. Atty., and Esther B. Phillips, Asst. U. S. Atty., both of San Francisco, Cal., and Robert H. Jackson, Asst. Atty. Gen., and Frederick W. Dewart, J. Louis Monarch, and Julian G. Gibbs, Sp. Assts. to Atty. Gen., for the United States.

Before WILBUR, MATHEWS, and HANEY, Circuit Judges.

WILBUR, Circuit Judge.

Appellee brought this suit in equity against appellants, devisees and legatees of the estate of David Neustadter, deceased, to have the property of his estate, which had been distributed to them on or before September 1, 1926, charged with a trust in favor of the United States to the extent of a deficiency assessment for federal estate tax against his estate made September 27, 1929.

The executors filed a federal estate tax return on...

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