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COMMERCE TRUST COMPANY v. UNITED STATES

No. 17400-1.

309 F.Supp. 1317 (1969)

COMMERCE TRUST COMPANY and Robert W. Willits, Executors of the Estate of William G. Parrott, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court, W. D. Missouri, W. D.

October 28, 1969.

Attorney(s) appearing for the Case

Frank H. Terrell, Kansas City, Mo., for plaintiffs.

Calvin K. Hamilton, U. S. Atty., Kansas City, Mo., Eugene D. Silverman, Tax Division, Dept. of Justice, Washington, D. C., for defendant.

MEMORANDUM OPINION

JOHN W. OLIVER, District Judge.

I.

This action for refund of federal income taxes pends on separate motions for summary judgment filed by the respective parties. The factual situation is conceded to be undisputed.

The following allegations of plaintiffs' complaint are admitted by the Government's answer:

1. This is a civil action against the United States for the recovery of internal revenue taxes, to-wit: Federal...

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