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BANK OF AMERICA TRUST & SAV. ASS'N v. UNITED STATES

No. 32762.

130 F.Supp. 923 (1955)

BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION, a National Banking Corporation, as Executor of the Last Will and Testament of Thomas McDonough, Deceased, Plaintiff, v. UNITED STATES of America. Defendant.

United States District Court N. D. California, S. D.

May 10, 1955.

Attorney(s) appearing for the Case

J. W. Radil, F. J. Kilmartin, Knight, Boland & Riordan, San Francisco, Cal., for plaintiff.

H. Brian Holland, Asst. Atty. Gen., Andrew D. Sharpe, Erwin A. Goldstein, Sp. Assts. to Atty. Gen., Lloyd H. Burke, U. S. Atty., George A. Blackstone, Asst. U. S. Atty., San Francisco, Cal., for defendant.

HAMLIN, District Judge.

This is a suit to recover taxes paid in the Estate of Thomas McDonough, on the ground that the deduction allowed by the Commissioner for property previously taxed was too small. The property which is the subject of the dispute here was owned in joint tenancy by Thomas McDonough and his brother, Peter McDonough. When Peter McDonough died on July 8, 1947, his one-half interest in the joint tenancy property vested in Thomas by operation of law...

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