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VALLESKEY v. NELSON

No. 12647.

271 F.2d 6 (1959)

Leslie J. VALLESKEY and Grace Valleskey, Plaintiffs-Appellants, v. E. J. NELSON, District Director of Internal Revenue, Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

October 22, 1959.

Attorney(s) appearing for the Case

Louis L. Croy, Manitowoc, Wis., for appellant.

Charles K. Rice, Asst. Atty. Gen., Carolyn R. Just, Attorney, U. S. Department of Justice, Washington, D. C., Edward G. Minor, U. S. Atty., Milwaukee, Wis., Howard A. Heffron, Acting Asst. Atty. Gen., Meyer Rothwacks, Robert N. Anderson, Attorneys, Department of Justice, Washington, D. C., Francis McElligott, Asst. U. S. Atty., Milwaukee, Wis., for appellee.

Before DUFFY, PARKINSON and CASTLE, Circuit Judges.

CASTLE, Circuit Judge.

This is an appeal from a decision by the District Court of the Eastern District of Wisconsin on motion of both parties for a summary judgment. The plaintiffs are husband and wife and filed a joint income tax return for the year 1953; the plaintiff, Leslie J. Valleskey,1 was the attorney for one Meta Michelson for a number of years prior to her death. She died March 15, 1953. Item 38 of her will was as follows:

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