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ESTATE OF WILDENTHAL v. COMMISSIONER

Docket No. 2492-69.

29 T.C.M. 519 (1970)

T.C. Memo. 1970-119

Estate of Bryan Wildenthal, Deceased, E. Tom Curtis, Administrator v. Commissioner.

United States Tax Court.

Filed May 19, 1970.

Attorney(s) appearing for the Case

Michael L. Cook 12th Floor, Capital Nat'l Bank Bldg., Austin, Tex., for the petitioner. Harold Friedman, for the respondent.

Memorandum Opinion

DAWSON, Judge:

Respondent determined a deficiency of $223.56 in petitioner's estate tax. Petitioner claims an overpayment of estate tax in the amount of $631.20.

The two issues presented for decision are: (1) Whether under Texas law any part of the proceeds of four life insurance policies, owned by the decedent at his death and acquired by him before his marriage, but maintained after marriage with community funds, constitutes...

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