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CARUTH v. UNITED STATES

Civ. A. No. CA 3-6658-C.

411 F.Supp. 604 (1976)

W. W. CARUTH, Jr., and First National Bank in Dallas, Trustees, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court, N. D. Texas, Dallas Division.

April 12, 1976.

Attorney(s) appearing for the Case

Vester T. Hughes, Jr., William D. Jordan, Sam J. Dealey, Jackson, Walker, Winstead, Cantwell & Miller, Dallas, Tex., for plaintiffs.

Michael P. Carnes, U. S. Atty., Martha Joe Stroud, Asst. U. S. Atty., William W. Guild, Atty.-in-Charge Dept. of Justice, Dallas, Tex., Fred W. Schwendimann, III, Tax Div., Dept. of Justice, Gilbert E. Andrews, Trial Atty., Tax Div., Dept. of Justice, Washington, D. C., for defendant.

OPINION

WILLIAM M. TAYLOR, Jr., Chief Judge.

This case is presented on Plaintiffs' Motion for Summary Judgment and is an action to recover income taxes paid in the years 1968 through 1971. Plaintiffs are trustees of six trusts created in 1952 for the benefit of six grandchildren of Mrs. W. W. Caruth and sue on behalf of each trust. The facts and questions of law presented are identical for each trust and arise from the sale of land owned in one-sixth undivided...

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