WEBER, District Judge.
This case involves an action in the United States District Court to recover estate taxes paid by decedent's estate on the corpus of a testamentary trust established under the will of decedent's husband. The government claims that the tax is due under the provisions of § 2041 (a) (2) of the Internal Revenue Code of 1954, 26 U.S.C.1958 Ed. § 2041; 26 U.S. C.A. § 2041.
Decedent, Edna Buhl Putts, died testate June 7, 1960...
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