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WIENER'S ESTATE v. UNITED STATES

No. 63-C-246.

235 F.Supp. 919 (1964)

ESTATE of Kurt WIENER, Deceased, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court E. D. Wisconsin.

December 9, 1964.

Attorney(s) appearing for the Case

Lyman A. Precourt and David H. Fleck, Milwaukee, Wis., for plaintiff.

John B. Jones, Jr., Acting Asst. Atty. Gen., C. Moxley Featherston, Rufus E. Stetson, Jr., and Daniel J. Dinan, Attorneys, Department of Justice, Washington, D. C., James B. Brennan, U. S. Atty., Franklyn M. Gimbel, Asst. U. S. Atty., Milwaukee, Wis., for defendant.

GRUBB, District Judge.

This is an action for refund of estate taxes paid under protest when a marital deduction in the amount of $10,000 was disallowed by the Internal Revenue Service.

Kurt Wiener died on May 6, 1960, and left a widow surviving. The widow petitioned the County Court of Milwaukee County for an allowance under Section 313.15(2) of the Wisconsin Statutes. On March 14, 1961, that court granted an allowance for support and maintenance in the sum...

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