WYCHE, Chief Judge.
The above stated case is before me upon motion of the defendant for summary judgment. For the consideration of the motion it has been stipulated as follows:
1. Fred L. Mays, the taxpayer, was a resident and citizen of Columbia, South Carolina, until his death on October 13, 1949. The plaintiff herein, Elizabeth B. Mays, is the widow and sole legatee of the taxpayer, and is also a resident and citizen of Columbia, South Carolina.
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