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ESTATE OF GOLDSTEIN v. C. I. R.

No. 72-1319.

479 F.2d 813 (1973)

ESTATE of William GOLDSTEIN, De-ceased, Thelma Zelinger, Executrix, Appellant, v. COMMISSIONER OF INTERNAL REVENUE, Appellee.

United States Court of Appeals, Tenth Circuit.

June 18, 1973.

Attorney(s) appearing for the Case

Gilbert Goldstein, Denver, Colo. (Hoffman, Goldstein & Armour-P.C., Denver, Colo., on the brief), for appellant.

Richard Halberstein, Washington, D. C. (Fred B. Ugast, Acting Asst. Atty. Gen., Meyer Rothwacks, Ernest J. Brown, Richard Halberstein, Attys., Tax Div., Dept. of Justice, Washington, D. C., on the brief), for appellee.

Before JONES, SETH and HOLLOWAY, Circuit Judges.

JONES, Circuit Judge:

William Goldstein, a resident of Denver, Colorado, died on December 9, 1966. He left a will dated December 7, 1953, and a codicil thereto dated August 2, 1966. His will provided that, after the payment of debts, funeral expenses and other charges, the remainder of the estate should be held in trust with income payable to his wife, Elizabeth Goldstein, for life with a direction that the trustee should pay to her from principal such sums as were...

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