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WHEATON v. UNITED STATES

Civ. No. 4-78-118.

471 F.Supp. 972 (1979)

Stanley R. WHEATON, as Executor of the Estate of Laurence A. Dare, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, D. Minnesota, Fourth Division.

June 5, 1979.

Attorney(s) appearing for the Case

Clifford C. Lundberg, Elk River, Minn., for plaintiff.

Stephen G. Palmer, Asst. U. S. Atty., Minneapolis, Minn., James P. Sites, Trial Atty., Tax Div., Dept. of Justice, Washington, D. C., for defendant.

MEMORANDUM AND ORDER

MacLAUGHLIN, District Judge.

This is an action brought to recover federal estate taxes paid as a result of the disallowance of part of the marital deduction claimed by the estate of Laurence A. Dare. Both parties move for summary judgment; the necessary facts are the subject of stipulation.

Laurence A. Dare died a resident of Sherburne County, Minnesota, on December 30, 1974. His will, executed December 13, 1972, was admitted...

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