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HYMAN v. DISTRICT OF COLUMBIA

No. 13549.

247 F.2d 585 (1957)

George HYMAN, Petitioner, v. DISTRICT OF COLUMBIA, Respondent.

United States Court of Appeals District of Columbia Circuit.

Decided July 15, 1957.

Petition for Rehearing Denied September 16, 1957.

Attorney(s) appearing for the Case

Mr. Milton I. Baldinger, Washington, D. C., with whom Mr. S. David Rubenstein, Washington, D. C., was on the brief, for petitioner.

Mr. Henry E. Wixon, Asst. Corp. Counsel for the District of Columbia, with whom Messrs. Chester H. Gray, Corp. Counsel, Milton D. Korman, Principal Asst. Corp. Counsel, and Leo J. Ehrig, Jr., Asst. Corp. Counsel, were on the brief, for respondent.

Before WILBUR K. MILLER, FAHY and BURGER, Circuit Judges.

Petition for Rehearing In Banc Denied September 16, 1957.

WILBUR K. MILLER, Circuit Judge.

We have before us for the first time this question concerning local inheritance taxation: when realty is devised "subject to whatever claim or lien" the devisee may have thereon, should the tax on the transfer be computed on the gross value of the realty, as the District of Columbia Tax Court held, or on the net value after the devisee's claim thereon has been deducted...

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