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ESTATE OF FRUEHAUF v. COMMISSIONER OF INTERNAL REVENUE

No. 19535.

427 F.2d 80 (1970)

ESTATE of Harry R. FRUEHAUF, Deceased, National Bank of Detroit, Harry R. Fruehauf, Jr., and Thomas L. Munson, Co-Executors, Petitioners-Appellants, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

June 3, 1970.

Attorney(s) appearing for the Case

E. James Gamble, Detroit, Mich., for appellants; Dykema, Wheat, Spencer, Goodnow & Trigg, Detroit, Mich., of counsel.

Janet R. Spragens, Dept. of Justice, Washington, D. C. (Johnnie M. Walters, Asst. Atty. Gen., Lee A. Jackson, Crombie J. D. Garrett, Benjamin M. Parker, Attys., Dept. of Justice, Washington, D. C., on the brief), for appellees.

Before PECK, McCREE and COMBS, Circuit Judges.

PECK, Circuit Judge.

Harry R. Fruehauf (hereinafter "the decedent") died on April 29, 1962, in Detroit, Michigan. An estate tax return filed with the district director of internal revenue for Detroit, Michigan, was subsequently determined by the Commissioner of Internal Revenue (hereinafter "the Commissioner") to disclose a deficiency in the tax upon the estate. The basis of the Commissioner's deficiency determination was the failure by the executors to include in...

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