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DUCA v. UNITED STATES

Civ. No. 14480.

236 F.Supp. 747 (1964)

Peter M. DUCA, Administrator of the Estate of Maurice Duca, v. UNITED STATES of America.

United States District Court D. Maryland.

December 31, 1964.

Attorney(s) appearing for the Case

Sheldon H. Braiterman, Baltimore, Md., for plaintiff.

Moshe Schuldinger and Allen L. Schwait, Attys., Dept. of Justice, Washington, D. C. (Louis F. Oberdorfer, Asst. Atty. Gen., C. Moxley Featherston and David A. Wilson, Jr., Attys., Dept. of Justice, Washington, D. C., and Thomas J. Kenney, U. S. Atty., and Robert W. Kernan, Asst. U. S. Atty., Baltimore, Md., on brief), for respondent.

THOMSEN, Chief Judge.

This is an action to recover federal estate taxes alleged to have been erroneously assessed and paid. Only one point is presented to the Court for decision at this time, namely, whether a $20,000 item, representing the value of a house on Taylor Avenue, was properly included in Schedule M as qualifying for the marital deduction.

Facts

Maurice Duca died on September 1, 1956...

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