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UNDERWOOD v. UNITED STATES

Civ. A. No. 5800.

270 F.Supp. 389 (1967)

J. M. UNDERWOOD and Harry B. Brown, Executors of the Estate of Robert Boone Scott, Deceased, v. UNITED STATES of America,

United States District Court E. D. Tennessee, N. D.

Supplemental Opinion June 13, 1967.

Attorney(s) appearing for the Case

Ambrose, Wilson, Thomas, & Lockridge, Knoxville, Tenn., Joyce, Anderson & Wood, Oak Ridge, Tenn., for plaintiffs.

J. H. Reddy, U. S. Atty., Chattanooga, Tenn., Benjamin Douglas, Atty., Tax Div., Dept. of Justice, Washington, D. C., G. Wilson Horde, Asst. U. S. Atty., Knoxville, Tenn., for defendant.

MEMORANDUM

ROBERT L. TAYLOR, Chief Judge.

This is an action for refund of estate taxes paid by the Executors of the Estate of Dr. Robert Boone Scott, who died on October 15, 1962. Jurisdiction is based on Title 28 U.S.C. § 1346(a) (1).

Dr. Scott was a physician who lived and operated a hospital in Lake City, Tennessee and who died leaving a holographic will, the pertinent parts of which are as follows:

"(2) All of my real-estate in...

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