ON CROSS-MOTIONS FOR SUMMARY JUDGMENT
BENNETT, Judge:
Margaret A. Neely, as the personal representative of the estate of her husband, Doyle E. Neely, sues for the refund of additional estate taxes assessed by the Commissioner of Internal Revenue. The additional assessment was attributable to the inclusion by the Commissioner of the value of an annuity in decedent's gross estate under I.R.C. § 2039. The case is before the court on cross-motions for summary...
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