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SEXTON v. UNITED STATES

Civ. A. No. 63 C 2017.

238 F.Supp. 221 (1965)

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

United States District Court N. D. Illinois, E. D.

February 10, 1965.

Attorney(s) appearing for the Case

Gene C. Davis, Robert F. Hanley, John W. Castle, Isham, Lincoln & Beale, Chicago, Ill., for plaintiff.

Louis F. Oberdorfer, Asst. Atty. Gen., C. Moxley Featherston, David A. Wilson, Jr., Henry G. Zapruder, Department of Justice, Washington, D. C., Edward V. Hanrahan, U. S. Atty., Chicago, Ill., for defendant.

JULIUS J. HOFFMAN, District Judge.

This is an action for the recovery of an alleged overpayment of federal estate taxes. The decedent was a beneficiary under an existing trust known as the Jacob Birk Realty Agreement. The plaintiff executor complains that the government collected a deficiency based upon the inclusion in the gross estate of the value of the decedent's fractional share of the corpus of this trust as if the decedent were the outright owner. This assessment...

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