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STARK v. UNITED STATES

Civ. No. 22733.

228 F.Supp. 203 (1964)

Harry S. STARK and National Bank of Detroit, as Co-Executors of the Estate of Louise Tuller Miller, deceased, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court E. D. Michigan, S. D.

January 16, 1964.

Attorney(s) appearing for the Case

Kramer, Morris, Stark, Rowland & Regan, Detroit, Mich., for plaintiffs.

Lawrence Gubow, U. S. Atty., and Robert F. Ritzenhein, Asst. U. S. Atty., Detroit, Mich. Louis F. Oberdorfer, Asst. Atty. Gen., Edward S. Smith, David A. Wilson, Melwyn I. Mark, Dept. of Justice, Washington, D. C., for defendant.

KAESS, District Judge.

This is an action to obtain a refund of federal income taxes. It is stipulated by the parties that the only issue before the court is whether Finley P. Miller and Louise Tuller Miller were husband and wife during the calendar years 1957, 1958, and 1959. If they were husband and wife, the advantages of filing joint returns would be available. Finley P. Miller died on May 28, 1960, and Louise Tuller Miller died on September 10, 1960. In order...

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