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UNITED STATES TRUST CO. v. I.R.S.

Civ. A. No. J83-0909(B).

617 F.Supp. 575 (1985)

UNITED STATES TRUST COMPANY, Trustee, Jean C. Lindsey, Cynthia C. Saint-Amand, Margaret A. Chisolm, and the Estate of Alexander F. Chisolm, Deceased, Jean C. Lindsey, Successor Executrix, Plaintiffs, v. The INTERNAL REVENUE SERVICE, an Agency of the United States of America and the United States of America, Defendants.

United States District Court, S.D. Mississippi, Jackson Division.

August 28, 1985.

Attorney(s) appearing for the Case

Kenneth I. Franks, Charles G. Copeland, R. Nash Neyland, Jackson, for plaintiffs.

George Phillips, U.S. Atty., Jackson, William D.M. Holmes, Tax Div., Dept. of Justice, Washington, D.C., for defendants.

MEMORANDUM OPINION AND ORDER

BARBOUR, District Judge.

This matter is before the Court on Cross-Motions for Summary Judgment. The material facts are either stipulated or uncontradicted on the record. The material facts are as follows.

FACTS

Alexander F. Chisholm (the "decedent") died on or about March 12, 1974, a resident of the State of Mississippi, and left a will and testament dated May 17, 1967, which was duly admitted to probate in...

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