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SEXTON v. UNITED STATES

No. 13494.

300 F.2d 490 (1962)

Mildred SEXTON, Executor of the Last Will of Bertha Birk Klein, Deceased, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

Rehearing Denied April 18, 1962.

Attorney(s) appearing for the Case

Gene C. Davis, Robert F. Hanley, Edward E. Gibson, Chicago, Ill., for appellant, Isham, Lincoln & Beale, Chicago, Ill., of counsel.

Louis F. Oberdorfer, Asst. Atty. Gen., John A. Bailey, Atty., Tax Div., U. S. Dept. of Justice, Washington, D. C., James P. O'Brien, U. S. Atty., Chicago, Ill., Lee A. Jackson, I. Henry Kutz, Attys., Dept. of Justice, Washington, D. C., for appellee.

Before SCHNACKENBERG, KILEY and SWYGERT, Circuit Judges.

SWYGERT, Circuit Judge.

Plaintiff, Mildred Sexton, executor of the last will of Bertha Birk Klein, deceased, brought this action for refund of federal estate taxes. The requested refund represented the payment of a deficiency of $67,928.87, plus interest, asserted against the estate and attributable to the inclusion in the gross estate of $317,493.72 as the value of decedent's interest under a trust agreement known as the "Jacob Birk Realty Agreement." The District...

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