The respondent determined a deficiency in estate tax of $43,120.38. Petitioner alleges that in lieu of a deficiency the estate has overpaid its tax in the amount of $165,382.26.
The respondent concedes that he erroneously included in the gross estate all the proceeds of a $5,000 life insurance policy whereas only one-half thereof should have been included. Effect will be given to this concession under Rule 50.
The sole issue remaining is whether the respondent...
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