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GRADOW v. U.S.

No. 89-1377.

897 F.2d 516 (1990)

George S. GRADOW, Plaintiff-Appellant, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

March 1, 1990.

Attorney(s) appearing for the Case

Melvin H. Morgan, Janin, Morgan & Brenner, San Francisco, Cal., argued for plaintiff-appellant. With him on the brief was Kathleen A. Miller.

Robert W. Metzler, Dept. of Justice, Washington, D.C., argued for defendant-appellee. With him on the brief were Shirley D. Peterson, Asst. Atty. Gen., Gary R. Allen and Robert S. Pomerance.

Before MARKEY, Chief Judge, and RICH and NIES, Circuit Judges.

NIES, Circuit Judge.

George S. Gradow (executor) appeals from the final judgment of the United States Claims Court, Gradow v. United States, 11 Cl.Ct. 808 (1987) (Bruggink, J.), granting the government partial summary judgment and dismissing his claim for a tax refund.1 We affirm.

BACKGROUND2

Betty and Alexander Gradow resided in the community property state of California. When Alexander...

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