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GLASER v. UNITED STATES

No. 13654.

306 F.2d 57 (1962)

Herman GLASER, Jr., as Administrator of the Estate of Herman Glaser, Sr., deceased, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

July 23, 1962.

Attorney(s) appearing for the Case

Louis F. Oberdorfer, Asst. Atty. Gen., Stephen J. Pollak, Atty., U. S. Dept. of Justice, Washington, D. C., Philip Carlton Potts, U. S. Atty., South Bend, Ind., Lee A. Jackson, Harry Baum, L. W. Post, Dept. of Justice, Washington, D. C., Alfred W. Moellering, U. S. Atty., for appellant.

James E. Keating, Voor, Jackson & McMichael, William O. Jackson, South Bend, Ind., for appellee.

Before DUFFY, SCHNACKENBERG and SWYGERT, Circuit Judges.

SWYGERT, Circuit Judge.

Taxpayer, Herman Glaser, Jr., administrator of his deceased father's estate, brought this action for refund of federal estate taxes allegedly overpaid. The facts were stipulated. The District Court granted the refund and the government appeals.

Prior to 1943 decedent purchased several parcels of real estate in South Bend, Indiana, for which he furnished the consideration. Decedent and his wife, Pauline, took title to parcels I through...

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