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BROWNSTONE v. U.S.

Docket No. 04-4061-CV.

465 F.3d 525 (2006)

Clyde BROWNSTONE, As Trustee of the Ethel Brownstone Marital Trust Under Article Seventh of Will of Lucien Brownstone, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: September 27, 2006.

Attorney(s) appearing for the Case

Robert P. Wittes, Warshaw Burstein Cohen Schlesinger & Kuh LLP, New York, N.Y., for Plaintiff-Appellant.

Sarah E. Light, Assistant United States Attorney (David N. Kelley, United States Attorney for the Southern District of New York, Kathy S. Marks, Assistant United States Attorney, on the brief), New York, N.Y., for Defendant-Appellee.

Before NEWMAN, McLAUGHLIN, and HALL, Circuit Judges.

HALL, Circuit Judge.

The trustee of a testamentary trust appeals from a judgment of the United States District Court for the Southern District of New York (Rakoff, J.). The district court granted summary judgment to Defendant United States on the trustee's challenge to a denial of a tax refund.

We affirm.

I. Background

Lucien Brownstone was a successful man during his life, and in his will...

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