HERTSCHE v. UNITED STATES

Civ. No. 64-327.

244 F.Supp. 347 (1965)

Joel C. HERTSCHE, Jr., Executor of the Estate of Joel C. Hertsche, Deceased, and Joel C. Hertsche, Jr., Transferee of the assets of the Estate of Joel C. Hertsche, Deceased, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court D. Oregon.

June 4, 1965.


Attorney(s) appearing for the Case

Joyle C. Dahl, Portland, Or., for plaintiff.

Donal D. Sullivan, Asst. U. S. Atty., Portland, Or., for defendant.


KILKENNY, District Judge.

This is a Federal Estate Tax case raising a question as to the proper interpretation of the word "distributed" as used in 26 U.S.C. § 2032(a) (1).1

Decedent, at the time of his death in March, 1960, was the owner of a number of shares of the capital stock of the National Lead Co. On October 14, 1960, the executor was authorized, by probate court order,2 to distribute a...

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