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SILVERSTEIN v. UNITED STATES

No. 17460.

419 F.2d 999 (1969)

H. M. SILVERSTEIN and Continental Illinois National Bank and Trust Company, Co-Executors of the Estate of Mary H. Thompson, Deceased, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

December 1, 1969.

Attorney(s) appearing for the Case

David E. Dickinson, David I. Hoffman, Alvin L. Kruse, Chicago, Ill., for plaintiffs-appellants.

Johnnie M. Walters, Asst. Atty. Gen., Matthew J. Zinn, Lee A. Jackson, Crombie J. D. Garrett, Benjamin M. Parker, Attys., Tax Division, Dept. of Justice, Washington, D. C., Thomas A. Foran, U. S. Atty., Chicago, Ill., for defendant-appellee; Richard A. Makarski, Asst. U. S. Atty., of counsel.

Before KILEY, FAIRCHILD and KERNER, Circuit Judges.

KILEY, Circuit Judge.

Plaintiffs have appealed from a summary judgment against them in their suit for refund of additional assessments of income tax paid by Mary Harding Thompson1 (taxpayer) for the years 1959, 1960 and 1961. We affirm.

The facts were presented in a stipulation and an affidavit of plaintiff Silverstein: In 1939 taxpayer's father, George F. Harding, died testate, naming Jessie Katz trustee of a testamentary residuary...

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