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LAW v. ROTHENSIES

No. 3541.

57 F.Supp. 447 (1944)

LAW v. ROTHENSIES, Collector of Internal Revenue.

District Court, E. D. Pennsylvania.

October 11, 1944.

Attorney(s) appearing for the Case

Kenneth W. Gemmill and Barnes, Dechert, Price & Smith, all of Philadelphia, Pa., for plaintiff.

Maurice P. Wolk, Sp. Asst. to Atty. Gen., Samuel O. Clark, Jr., Asst. Atty. Gen., Andrew D. Sharpe, Sp. Asst. to Atty. Gen., and Gerald A. Gleeson, U. S. Atty., and Thomas J. Curtin, Asst. U. S. Atty., both of Philadelphia, Pa., for defendant.

BARD, District Judge.

This matter arises on a motion for summary judgment filed by plaintiff in an action brought by her to recover refunds of a portion of income taxes which she paid in 1938 and 1939. The pleadings and affidavits of record disclose that plaintiff was the beneficiary of ten policies of insurance upon the life of her husband who died in 1936.1 With one exception, each of the policies provided that the insured in his lifetime...

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