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ESTATE OF TULLY

No. 488-71.

528 F.2d 1401 (1976)

ESTATE of Edward A. TULLY, Sr. Edward A. TULLY, Jr., et al. v. The UNITED STATES.

United States Court of Claims.

January 28, 1976.

Attorney(s) appearing for the Case

Robert J. Tyrrell, for plaintiff. Donald L. Mooers, Washington, D.C., attorney of record. Ash, Bauersfeld, Burton & Mooers, Washington, D.C., of counsel.

William Kalish, Washington, D.C., with whom was Asst. Atty. Gen., Scott P. Crampton, Washington, D.C., for defendant.

Before DURFEE, Senior Judge, and DAVIS and KUNZIG, Judges.

ON PLAINTIFFS' MOTION AND DEFENDANT'S CROSS MOTION FOR PARTIAL SUMMARY JUDGMENT

KUNZIG, Judge.

The single issue presented in this estate tax case is the includability in decedent Edward A. Tully, Sr.'s gross estate of death benefits paid directly to Tully's widow by his employer. Plaintiffs (co-executors) move for partial summary judgment1 claiming that no estate tax provision compels such treatment. Defendant's cross-motion...

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