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GORMAN v. UNITED STATES

Civ. No. 26769.

288 F.Supp. 225 (1968)

Kathleen M. GORMAN, as Executrix of the Estate of James P. Cleary, Deceased, Plaintiff, v. UNITED STATES of America, Defendant.

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

July 25, 1968.

Attorney(s) appearing for the Case

Cross, Wrock, Miller, Vieson & Kelley, Detroit, Mich., for plaintiff.

Lawrence Gubow, U. S. Atty., Detroit, Mich., for defendant.

OPINION GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT

KAESS, District Judge.

This is an action brought by the executrix of the decedent James P. Cleary for the refund of an alleged overpayment of Federal estate taxes. It is claimed that the Commissioner of Internal Revenue wrongfully included in decedent's gross estate the value of a life insurance policy through a misapplication of Section 2035 of Internal Revenue Code of 1954, 26 U.S.C. (I.R.C.1954...

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