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CARTWRIGHT v. UNITED STATES

Civ. No. 1968-164.

323 F.Supp. 769 (1971)

Douglas B. CARTWRIGHT, as Executor of the Estate of Ethel B. Bennett, Plaintiff, v. UNITED STATES, Defendant.

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

February 22, 1971.

Attorney(s) appearing for the Case

Albrecht, Maguire, Heffern & Gregg, Buffalo, N. Y. (Ralph J. Gregg & Arthur A. Russ, Jr., Buffalo, N. Y., of counsel), for plaintiff.

Johnnie M. Walters, Asst. Atty. Gen. (Donald R. Anderson & Donald T. Fish, Attys., Dept. of Justice, of counsel), Washington, D. C., and H. Kenneth Schroeder, Jr., U. S. Atty., Buffalo, N. Y., for defendant.

CURTIN, District Judge.

This action was commenced by the plaintiff to recover $3,092.59 in estate taxes and interest. The dispute arose over the proper method of valuation of mutual fund shares in an estate tax proceeding.

Ethel Bennett died testate on December 4, 1964, owning the following shares in mutual funds:

  Investors Mutual, Inc.          2568.422 (in her
                                  individual name)

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