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KLINE v. UNITED STATES

Civ. A. No. 985-W.

202 F.Supp. 849 (1962)

Edwin F. KLINE, Executor of the Last Will and Testament of Fannie E. Kline, deceased, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court N. D. West Virginia, at Wheeling.

March 12, 1962.

Attorney(s) appearing for the Case

Charles P. Mead, Wheeling, W. Va., for plaintiff.

Robert E. Maxwell, U. S. Atty., Fairmont, W. Va., Earl L. Huntington, Atty., Dept. of Justice, Washington, D. C. (Charles K. Rice, Asst. Atty. Gen., James P. Garland, Lyle M. Turner, Attys., Dept. of Justice, Washington, D. C., on the brief), for defendant.

CHARLES F. PAUL, District Judge.

This is a suit for the refund of $84,162.47 paid July 29, 1959, by the plaintiff on account of the assessment of a deficiency in Federal Estate Taxes. The deficiency resulted from the disallowance of a deduction claimed in the Estate Tax Return of some $285,000.00, as the value as of the time of death of a charitable remainder in a Trust established by the Will of plaintiff's decedent....

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