MICHIGAN TRUST COMPANY v. KAVANAGH

No. 11894.

137 F.Supp. 52 (1955)

The MICHIGAN TRUST COMPANY, Executor of the Estate of R. Wallace Hook, Plaintiff, v. Giles KAVANAGH, Collector of Internal Revenue for the District of Michigan, Substituted by Thomas G. Kavanagh, Jr., Admr., Defendant.

United States District Court E. D. Michigan, S. D.

December 30, 1955.


Attorney(s) appearing for the Case

Platt W. Dockery, Grand Rapids, Mich., for plaintiff. Warner, Norcross & Judd, Grand Rapids, Mich., of counsel.

H. Brian Holland, Asst. Atty. Gen., Andrew D. Sharpe, Arthur L. Biggins Sp. Assts. to the Atty. Gen., Fred W. Kaess, U. S. Atty., John L. Owen, Asst. U. S. Atty., Detroit, Mich., for defendant.


FREEMAN, District Judge.

This case involves the validity of a federal estate tax deficiency collected from the plaintiff on November 8, 1951, in the amount of $98,036.43.

On April 17, 1931, R. Wallace Hook executed three irrevocable trust indentures for the benefit of his three minor sons, the terms of which trust instruments were identical. He appointed himself trustee and continued to serve as sole trustee until his death on March 8, 1948, when the Michigan...

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