KAPLUN v. UNITED STATES

No. 68 Civil 2180.

303 F.Supp. 733 (1969)

Else KAPLUN, as Executrix of the Estate of Agnes S. Kaplun, Deceased, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court S. D. New York.

August 26, 1969.


Attorney(s) appearing for the Case

Levey, Myers, Katz & Goodman, New York City, for plaintiff, Novack & Richter, Martin Novack, New York City, of counsel.

Robert M. Morgenthau, U. S. Atty., Southern District of New York, for defendant, Richard M. Hall, Asst. U. S. Atty., of counsel.


OPINION

TENNEY, District Judge.

This is an action commenced by plaintiff on May 28, 1968, for the refund of Federal estate taxes in the amount of $22,337.89, plus interest as provided by law. This court has jurisdiction of this action under 28 U.S.C. § 1346.

Both sides have moved herein for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure.

Briefly, the facts are not disputed and are as follows:

Agnes...

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