BURNETT v. UNITED STATES

Civ. A. No. 69-390.

314 F.Supp. 492 (1970)

Clarice S. BURNETT, Executrix of the Estate of Arch P. Burnett, Deceased, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, D. South Carolina, Greenville Division.

June 29, 1970.


Attorney(s) appearing for the Case

Wesley M. Walker and Earle G. Prevost, Greenville, S. C., for plaintiff.

Johnnie M. Walters, Asst. Atty. Gen., Myron C. Baum, Charles G. Barnett, Attys., Dept. of Justice, Washington, D. C., and Joseph O. Rogers, Jr., U. S. Atty., Columbia, S. C., and J. D. McCoy, Asst. U. S. Atty., Greenville, S. C., for defendant.


FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER

DONALD RUSSELL, District Judge.

The issue in this case is whether a certain testamentary gift to a surviving spouse qualifies for the marital deduction under Section 2056, 26 U.S.C.

The parties have stipulated the essential facts. Actually the controversy turns on the construction of the will of the testator. The pertinent terms of the will have been agreed to and the only dispute between the parties...

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