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SAVAGE v. UNITED STATES

No. 61-C-75.

220 F.Supp. 745 (1963)

Joseph F. SAVAGE, Lesley Andrew, and Daniel Creem Savage, as Executors of the Last Will and Testament of Edna Savage Becker, Deceased, Plaintiffs, v. The UNITED STATES of America, Defendant.

United States District Court E. D. New York.

August 2, 1963.

Attorney(s) appearing for the Case

Arthur M. Boal and Francis J. Fitzpatrick, New York City (Boal, McQuade & Fitzpatrick, New York City, of counsel), for plaintiffs.

Rufus E. Stetson, Jr., Washington, D. C. (Louis F. Oberdorfer, Asst. Atty. Gen., Edward S. Smith and David A. Wilson, Jr., Attys., Dept. of Justice, and Joseph P. Hoey, U. S. Atty., and Stanley P. Meltzer, Asst. U. S. Atty., of counsel), for defendant.

DOOLING, District Judge.

The plaintiff executors sue for refund of estate tax claimed to have been illegally exacted through the erroneous inclusion in the decedent's taxable estate of the proceeds of certain life insurance decedent had taken out on the life of her first husband, who predeceased her by many years; decedent had, before her husband died, directed the insurer to pay the interest on the insurance proceeds to her for life and thereafter to hold them for...

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