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POAGE v. PHILLIPS

Civ. No. 4-1092.

202 F.Supp. 267 (1961)

Catherine O. POAGE, Executrix of the Estate of Robert A. Poage, Deceased, Plaintiff, v. V. Lee PHILLIPS, Individually, and as District Director of Internal Revenue, Defendant.

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

December 15, 1961.

Attorney(s) appearing for the Case

L. L. Brierly and L. M. Girdner (of Brierly, McCall & Girdner), Newton, Iowa, for plaintiff.

Roy W. Meadows, U. S. Atty., Des Moines, Iowa, and Richard W. Perkins, Dept. of Justice, Washington, D. C., for defendant.

STEPHENSON, Chief Judge.

The facts in this case are not materially in dispute. Plaintiff is the executrix of the Estate of Robert A. Poage who died September 2, 1955. The defendant is the District Director of the Internal Revenue Service. The last will and testament of Robert A. Poage was probated in Story County, Iowa. The estate tax return filed by the plaintiff reported a gross estate of $114,899.41. Funeral and administrative expenses amounted to $4,158.47. A...

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