BAYLISS v. UNITED STATES

Civ. A. No. 3502.

218 F.Supp. 97 (1963)

Major W. M. F. BAYLISS, Executor of the Estate of Kate Burwell Williams v. UNITED STATES of America.

United States District Court E. D. Virginia, Richmond Division.

April 12, 1963.


Attorney(s) appearing for the Case

Fielding L. Williams, Frank W. Hardy, Williams, Mullen & Christian, Richmond, Va., for plaintiff.

John D. Clarke, Jr., Atty., Dept. of Justice, Louis F. Oberdorfer, Asst. Atty. Gen., Edward S. Smith, George A. Hrdlicks, Attys., Dept. of Justice, Washington, D. C., C. V. Spratley, Jr., U. S. Atty., Samuel W. Phillips, Asst. U. S. Atty., Richmond, Va., for defendant.


BUTZNER, District Judge.

The taxpayer, Executor of the Estate of Kate B. Williams, deceased, brought this action to recover estate taxes, resulting from a deficiency assessed by the District Director of Internal Revenue. The taxpayer paid the deficiency and now seeks a refund.

The question presented is whether property transferred in trust by the decedent on February 25, 1932, should be included as a part of her gross estate.

The question raises two...

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