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SMITH v. UNITED STATES

No. 69 C 192(3).

319 F.Supp. 174 (1970)

Philip Platt SMITH as Executor of the Estate of Virginia Wright Smith, Deceased, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, E. D. Missouri, E. D.

October 28, 1970.

Attorney(s) appearing for the Case

Walter R. Mayne and Robert T. Johnson, Fordyce, Mayne, Hartman, Renard & Stribling, St. Louis, Mo., for plaintiff.

Daniel Bartlett, Jr., U. S. Atty., Harold E. Zahner, Asst. U. S. Atty., St. Louis, Mo., Johnnie M. Walters, Asst. Atty. Gen., Washington, D. C., for defendant.

MEMORANDUM OPINION AND ORDER

REGAN, District Judge.

This is an action for refund of federal estate taxes. The essential facts are not in dispute and have been stipulated. We will, therefore, state only so many of the agreed facts as may be necessary to an understanding of the question presented.

Plaintiff is executor of the estate of Virginia Wright Smith. During the course of administration of such estate it became necessary for plaintiff to sell...

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