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SUSSMAN v. UNITED STATES

No. 60 C 995.

236 F.Supp. 507 (1962)

Seymour SUSSMAN et al., etc., Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court E. D. New York.

June 18, 1962.

Attorney(s) appearing for the Case

Bernard Weiss, New York City, for plaintiffs.

Herman Wilson, Washington, D. C. (Louis F. Oberdorfer, Asst. Atty. Gen., Edward S. Smith and Jerome Fink, Attys., Dept. of Justice, Joseph P. Hoey, U. S. Atty., Stanley F. Meltzer, Asst. U. S. Atty., of counsel), for defendant.

DOOLING, District Judge.

Cross-motions for summary judgment in this estate tax case, in which all the facts have been stipulated, present the questions whether

(1) $30,850 paid by the executors to Counsel for successfully contesting the will's validity should have been allowed as deductible administration expenses; and (2) $13,822.34 of interest accrued after date of death on income taxes due and unpaid on the date of death is deductible as indebtedness...

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