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WEIL v. UNITED STATES

No. 219-57.

180 F.Supp. 407 (1960)

Juliette G. WEIL v. UNITED STATES.

United States Court of Claims.

January 20, 1960.

Attorney(s) appearing for the Case

John P. Allison, New York City, for plaintiff. Marshall, Bratter, Greene, Allison & Tucker, New York City, were on the brief.

Harold S. Larsen, Washington, D. C., with whom was Charles K. Rice, Asst. Atty. Gen., for defendant. James P. Garland and Lyle M. Turner, Washington, D. C., were on the brief.

JONES, Chief Judge.

The plaintiff in this action seeks to recover Federal income taxes for the years 1952 through 1955. The issue involved here is whether the plaintiff, as a life tenant under the will of her deceased husband, is taxable, either as an individual or as a fiduciary, on the capital gains realized from the sale of the securities held by her as a life tenant.

All material facts have been stipulated. The plaintiff is the surviving spouse of Lawrence...

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