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JENKINS v. UNITED STATES

Civ. A. No. 1275.

296 F.Supp. 203 (1968)

Alonzo Wimberly JENKINS, Jr., and McLendon Wash Jenkins, as Executors under the Will of Martha O. Jenkins, Deceased, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court M. D. Georgia, Columbus Division.

December 9, 1968.

Attorney(s) appearing for the Case

Hatcher, Stubbs, Land & Rothschild, and Swift, Pease, Davidson & Chapman, Columbus, Ga., for plaintiffs.

Floyd M. Buford, U. S. Atty., Macon, Ga., and Walter J. Tribbey, Atty., Dept. of Justice, Washington, D. C., for defendant.

ELLIOTT, District Judge.

This is an action for the recovery of $26,962.73 in estate taxes plus interest thereon allegedly overpaid after assessment with respect to the estate of Martha O. Jenkins. The matter is before the Court for decision based upon fully stipulated facts which are in summary form as follows:

Martha O. Jenkins, the taxpayer or decedent, was the sister of Ada Lee Jenkins. On December 23, 1958 Ada Lee Jenkins executed a will by the terms of...

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