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KAHN v. UNITED STATES

Civ. A. Nos. 15738, 15739.

349 F.Supp. 806 (1972)

Max E. KAHN and J. M. Hertz, as Executors of the Estate of Max Jerald Kahn, Deceased, v. The UNITED STATES of America. Max E. KAHN, as Administrator of the Estate of Gail O. Kahn, Deceased, v. The UNITED STATES of America.

United States District Court, N. D. Georgia, Atlanta Division.

August 31, 1972.

Attorney(s) appearing for the Case

Sutherland, Asbill & Brennan, Michael J. Egan, Jr., R. Kent Frazier, John B. Miller, Jr., Atlanta, Ga., for plaintiffs.

Scott P. Crampton, Asst. Atty. Gen., Jerome Fink and Lawrence R. Jones, Jr., Attys., Dept. of Justice, Washington, D. C., John W. Stokes, Jr., U. S. Atty., Atlanta, Ga., for defendant.

OPINION

EDENFIELD, District Judge.

These consolidated cases, which were tried before the court sitting without a jury, involve a close question of federal estate tax law which has been the subject of much recent litigation. Convinced that a young married couple in excellent health facing a bright and secure future contemplated everything but the angel of death and his tax law counterpart, the court will order the Government to refund to their estate money...

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