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SID W. RICHARDSON FOUNDATION v. UNITED STATES

No. 27793.

430 F.2d 710 (1970)

SID W. RICHARDSON FOUNDATION, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied August 17, 1970.

Second Rehearing Denied October 23, 1970.

Attorney(s) appearing for the Case

Harry C. Weeks, Frank B. Appleman, Ft. Worth, Tex., for plaintiff-appellant

Eldon B. Mahon, U. S. Atty., Ft. Worth, Tex., John N. Mitchell, Atty. Gen., Johnnie M. Walters, Asst. Atty. Gen., Lee A. Jackson, Thomas L. Stapleton, Robert I. Waxman, Attys., U. S. Dept. of Justice, Washington, D. C., for defendant-appellee.

Before RIVES, GEWIN and INGRAHAM, Circuit Judges.

GEWIN, Circuit Judge:

The Sid W. Richardson Foundation (Foundation) initiated this suit to recover $769,711.48 in income taxes and interest paid by it as transferee of the estate of Sid W. Richardson (Estate) for fiscal years ended September 30, 1960 and September 30, 1961. The sole question presented by the Foundation in its claim for refund, and considered by the district court, was whether the Estate was entitled to deduct from income, as charitable contributions...

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