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BERRY v. KUHL

Civ. A. No. 4416.

77 F.Supp. 581 (1948)

BERRY v. KUHL, Collector of Internal Revenue (UNITED STATES, Intervener).

District Court, E. D. Wisconsin.

May 3, 1948.

Attorney(s) appearing for the Case

Jeffris, Mouat, Oestreich, Wood & Cunningham and Otto Oestreich, all of Janesville, Wis., for plaintiff.

Timothy Cronin, U. S. Atty., and E. J. Koelzer, Asst. U. S. Atty., both of Milwaukee, and M. P. Wolk, Sp. Asst. to the Atty. Gen., for Frank Kuhl and the United States.

DUFFY, District Judge.

This is an action to recover a portion of the federal estate taxes paid on the estate of Earl E. Berry, deceased. The federal estate tax return, as filed, showed a gross estate of $428,645.92. The widow claimed a deduction in the sum of $113,360.95, as the value of the remainder interest which was bequeathed to a charitable organization. The Commissioner of Internal Revenue reduced the charitable deduction to $64,510.48 by eliminating from the...

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