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EWING v. ROUNTREE

Civ. A. No. 3015.

228 F.Supp. 137 (1964)

Caruthers EWING, Executor of the Estate of Bessie W. Ewing, Deceased, Plaintiff, v. J. M. ROUNTREE, District Director of Internal Revenue for the District of Tennessee, Defendant.

United States District Court M. D. Tennessee, Nashville Division.

April 3, 1964.

Attorney(s) appearing for the Case

S. Shepherd Tate, of Martin, Tate & Morrow, Memphis, Tenn., for plaintiff.

Kenneth Harwell, U. S. Atty., Joseph L. Lackey, Jr., Asst. U. S. Atty., Nashville, Tenn., Louis F. Oberdorfer, Asst. Atty. Gen., Edward S. Smith and Herbert S. Kendrick, Dept. of Justice, Washington, D. C., for defendant.

WILLIAM E. MILLER, Chief Judge.

This action is brought by the executor of the estate of Mrs. Bessie W. Ewing (herein referred to as decedent or donee) to recover estate taxes paid under protest. The defendant, District Director of Internal Revenue, determined that the taxable estate of the decedent included stock which had been left in trust by decedent's husband, Caruthers Ewing, Sr., (herein referred to as testator or donor).1 The power...

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