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SACHTER v. UNITED STATES

No. 65 Civ. 3895.

312 F.Supp. 670 (1970)

Joseph SACHTER and Manufacturers Hanover Trust Company, as Executors under the Last Will and Testament of Bertha M. McClary, Deceased, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court, S. D. New York.

March 31, 1970.

Attorney(s) appearing for the Case

Kelley, Drye, Warren, Clark, Carr & Ellis, New York City, for plaintiffs; John J. Costello, William S. Rubinstein, New York City, of counsel.

Whitney North Seymour, Jr., U. S. Atty., S. D. New York, for defendant by Brian J. Gallagher, Asst. U. S. Atty., New York City.

MANSFIELD, District Judge.

In this suit for a refund of estate taxes based on plaintiffs' contention that the estate should have been allowed a charitable deduction pursuant to § 2055(a) of the Internal Revenue Code of 1954, 26 U.S.C. § 2055(a),1 defendant has moved for summary judgment dismissing the complaint. The issue is whether the will contains standards for a life tenant's...

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