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METZGER v. UNITED STATES

Civ. No. 8155.

181 F.Supp. 830 (1960)

E. P. METZGER, Executor of the Estate of George F. Metzger, Deceased, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court N. D. Ohio, W. D.

March 18, 1960.

Attorney(s) appearing for the Case

John W. Yager, Toledo, Ohio, for plaintiff.

Russell E. Ake, U. S. Atty., Cleveland, Ohio, Richard M. Colasurd, Asst. U. S. Atty., Toledo, Ohio, Charles K. Rice, Asst. Atty. Gen., James P. Garland, Jerome Fink, Robert H. Kapp, Attys., Dept. of Justice, Washington, D. C., for defendant.

KLOEB, Chief Judge.

Plaintiff, as executor of the estate of George F. Metzger, deceased, brings this action against the United States of America to recover $12,795.15 of estate taxes and interest claimed to have been erroneously and illegally assessed and collected by defendant from plaintiff under provisions of the Internal Revenue Code of 1939, as amended, (Title 26, U.S. C.).

The question presented is whether or not three certain inter vivos gifts made...

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