HUXMAN, Circuit Judge.
This suit was instituted to recover an alleged overpayment of federal estate taxes paid in settling the estate of Roy B. Thompson, who died on July 6, 1951, a resident of Oklahoma. The only question for our determination concerns the calculation of the marital deduction under Section 812(e) of the Internal Revenue Code of 1939, as amended 26 U.S. C.A. § 812(e), for a bequest to his surviving spouse.
The deceased died testate owning...
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