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STAFFORD v. UNITED STATES

No. 64-C-5.

236 F.Supp. 132 (1964)

Richard E. STAFFORD, as Executor of the Estate of Irving John Stafford, deceased, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court E. D. Wisconsin.

December 11, 1964.

Attorney(s) appearing for the Case

Richard R. Teschner and Dale L. Sorden, Milwaukee, Wis., Arthur P. Remley, Neenah, Wis., for plaintiff.

Louis F. Oberdorfer, Asst. Atty. Gen., C. Moxley Featherston, David A. Wilson, Jr., and Donald R. Anderson, Attys., Dept. of Justice, Washington, D. C., James B. Brennan, U. S. Atty., by Franklyn M. Gimbel, Asst. U. S. Atty., Milwaukee, Wis., for defendant.

GRUBB, District Judge.

This is an action for the refund of additional estate taxes paid by the plaintiff as a result of a determination by the Internal Revenue Service that the deceased possessed a general power of appointment over assets of a trust established under the will of decedent's wife. There are cross-motions for summary judgment.

Marjorie L. Stafford died February 24, 1957. Article Second of her will read:

"Second: All the rest,...

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