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ROBERTS v. UNITED STATES

Civ. No. 754-59 T.

182 F.Supp. 957 (1960)

Murray H. ROBERTS, as Executor of the Estate of Robert W. Stellar, Deceased, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court S. D. California, Central Division.

April 15, 1960.

Attorney(s) appearing for the Case

Robert Sikes, Los Angeles, Cal., for plaintiff.

Laughlin E. Waters, U. S. Atty. for the S. D. of California, by Edward R. McHale, Asst. U. S. Atty., Chief, Tax Division, and Lillian W. Stanley, Asst. U. S. Atty., Los Angeles, Cal., for defendant.

TOLIN, District Judge.

This is a suit to recover federal estate taxes allegedly wrongfully assessed. Plaintiff is the executor of the estate of Robert W. Stellar, deceased, and is suing on behalf of the estate. Plaintiff filed a federal estate tax return in which he claimed a marital deduction for a one-half interest which passed to the decedent's wife. The return showed no estate taxes owing. The Internal Revenue Service disallowed the claimed deduction and assessed...

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