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SPAEDER v. UNITED STATES

Civ. A. No. 76-64 Erie.

478 F.Supp. 73 (1978)

John A. SPAEDER, Esq. and Robert Francis Bixby, Co-Executors of the Estate of Leo V. Stoeltzlen, Deceased, v. UNITED STATES of America.

United States District Court, W. D. Pennsylvania.

October 28, 1978.

Attorney(s) appearing for the Case

James E. Marsh, Donald J. Rogala, John M. Quinn, John G. Gent, Walter A. Dart, Jr., Erie, Pa., for plaintiffs.

J. Brian Ferrel, Tax Div., Dept. of Justice, Washington, D. C., for defendant.

MEMORANDUM OPINION

KNOX, District Judge.

Plaintiffs, John A. Spaeder, Esq., and Robert Francis Bixby, bring this action as co-executors of the Estate of Leo V. Stoeltzlen (decedent) seeking a refund of $75,583.23 in federal estate tax and interest. The Court has jurisdiction of the action pursuant to Title 28 U.S.C. § 1346(a)(1). Plaintiffs base their claim for refund on two grounds: (1) that the estate was improperly denied a charitable deduction pursuant...

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