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UNITED STATES v. SCHOFIELD

Civ. A. No. 20977.

179 F.Supp. 332 (1959)

UNITED STATES of America v. Joseph Anderson SCHOFIELD, 3rd, W. Bradley Ward, Administrator D.B.N. C.T.A. of the Estate of Lemuel B. Schofield, Deceased, Liberty Real Estate Bank and Trust Company, a Pennsylvania corporation, and Marvin Comisky, Guardian of Joseph Anderson Schofield, 3rd, and Premises in Schuylkill Township, Chester County, Pennsylvania, commonly known as the Anderson Farm, consisting of 131.452 acres.

United States District Court E. D. Pennsylvania.

December 4, 1959.

Attorney(s) appearing for the Case

Richard Reifsnyder, Asst. U. S. Atty., Philadelphia, Pa., for plaintiff.

Lewis M. Stevens, Marvin Comisky, Isaac C. Sutton and W. Bradley Ward, Philadelphia, Pa., for defendants.

VAN DUSEN, District Judge.

For the purposes of defendants' motion for summary judgment, it must be assumed that a legal life tenant expended sums for permanent improvements1 on the real property (a farm) on which he had a life estate, in fraud of creditors, during the period 1947 to 1955 (see Exhibit A to amendment to complaint, being Document No. 13). This suit to recover income taxes becoming due during the life tenant's lifetime, by...

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