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BURKE v. U.S.

No. 92-6052.

994 F.2d 1576 (1993)

James W. BURKE, as Personal Representative of the Estate of Edna Sproull Williams, Deceased, Plaintiff-Appellant, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

June 2, 1993.

Attorney(s) appearing for the Case

William R. Frazier, Frazier & Frazier, P.A., Jacksonville, FL, argued for plaintiff-appellant.

Joan I. Oppenheimer, Atty., Dept. of Justice, of Washington, DC, argued for defendant-appellee. With her on the brief were James A. Bruton, Acting Asst. Atty. Gen., Gary R. Allen and Gilbert S. Rothenberg, Attys.

Before NIES, Chief Judge, PLAGER and RADER, Circuit Judges.

NIES, Chief Judge.

James W. Burke, as personal representative of the estate of Edna Sproull Williams, appeals from the summary judgment entered by the United States Court of Federal Claims1 in Burke v. United States, No. 540-89T (Cl.Ct. Nov. 27, 1991), that Williams' estate is not entitled to a refund for taxes paid based on the federal estate tax return filed November 24, 1982.

I.

Edna Sproull Williams died testate...

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