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SIMONS v. UNITED STATES

Civ. No. 13038.

135 F.Supp. 461 (1955)

Gilbert P. SIMONS, as Executor of the Last Will and Testament of Kate R. Simons, Deceased, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court E. D. New York.

May 20, 1955.

Attorney(s) appearing for the Case

Gallop, Climenko & Gould, New York City, for plaintiff, by George Trosk, New York City, of counsel.

Leonard P. Moore, U. S. Atty., for defendant, by Frederic G. Rita, Special Asst. to the Atty. Gen., and Elliott Kahaner, Asst. U. S. Atty., of counsel.

INCH, Chief Judge.

In this action plaintiff seeks to recover estate taxes amounting to $64,515.89, with interest, alleged to have been illegally, wrongfully and erroneously assessed and collected from plaintiff as Executor of the Last Will and Testament of Kate R. Simons, deceased.

The decedent had a general power of appointment under an inter vivos trust created by one Sidney R. Kirkman on April 22, 1931, which had a value at decedent's death of $274...

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