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McHUGH v. UNITED STATES

No. 202-54.

142 F.Supp. 927 (1956)

Alice L. McHUGH v. The UNITED STATES.

United States Court of Claims.

June 5, 1956.

Attorney(s) appearing for the Case

Joseph E. McAndrews, Washington, D. C., Ivins, Phillips & Barker, Washington, D. C., on the brief, for plaintiff.

Sheldon J. Gitelman, Silver Spring, Md., with whom was Charles K. Rice, Asst. Atty. Gen., Andrew D. Sharpe, Washington, D. C., on the brief, for defendant.

Before JONES, Chief Judge, and LITTLETON, WHITAKER, MADDEN and LARAMORE, Judges.

LITTLETON, Judge.

The plaintiff sues to recover $4,337.71, together with interest, representing gift taxes alleged to have been wrongfully collected by defendant in 1949. The case is before the court on defendant's motion for summary judgment.

The facts alleged in the petition and shown in defendant's exhibits, are as follows:

On May 16, 1949, plaintiff created a trust for the benefit of her sister-in-law...

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