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KASISHKE v. UNITED STATES

No. 276-69.

426 F.2d 429 (1970)

Albert Henry KASISHKE, Jr., Executor of the Estate of Olive M. Kasishke, Deceased, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied April 29, 1970.

Attorney(s) appearing for the Case

Robert P. Kelly, of Kelly & Gambill, Pawhuska, Okl., for appellant.

Thomas L. Stapleton, Washington, D. C. (Lee A. Jackson, Loring W. Post, and Michael B. Arkin, Attys., Dept. of Justice, and Lawrence A. McSoud, U. S. Atty., on the brief), for appellee.

Before BREITENSTEIN and HOLLOWAY, Circuit Judges, and CHRISTENSEN, District Judge.

CHRISTENSEN, District Judge.

This is an appeal by Albert Henry Kasishke, Executor of the Estate of Olive M. Kasishke, deceased, from a judgment denying a refund of federal estate taxes in the sum of $27,597.95, and statutory interest. It is claimed by appellant that the trial court erred in finding that the proceeds of an endowment insurance policy were includable in the gross estate of the decedent by virtue of either section 20361 or...

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