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STEPHENSON v. UNITED STATES

Civ. A. No. 9515.

241 F.Supp. 402 (1965)

Henry M. STEPHENSON, Executor of the Estate of Jane M. Stephenson, Plaintiff, v. The UNITED STATES of America, Defendant.

United States District Court W. D. New York.

February 8, 1965.

Attorney(s) appearing for the Case

Jaeckle, Fleischmann, Kelly, Swart & Augspurger, Buffalo, N. Y. (Albert R. Mugel, and Irving L. Innerfield, Buffalo, N. Y., of counsel), for plaintiff.

Louis F. Oberdorfer, C. Moxley Featherston, David A. Wilson, Jr., Moshe Schuldinger, Dept. of Justice, Washington, D. C., and John T. Curtin, U. S. Atty., Buffalo, N. Y., for defendant.

HENDERSON, District Judge.

This action for a refund of estate taxes is brought by Henry M. Stephenson as Executor of the Estate of Jane M. Stephenson. Sought to be recovered is $62,940.65, representing estate taxes and interest assessed against and collected from the estate.

The issue is whether certain securities, valued at $196,637.33 on May 5, 1957, were properly included by the Commissioner in the estate of...

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