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FOLKERDS v. UNITED STATES

Civ. No. 71-C-2029-C.

369 F.Supp. 1176 (1973)

Esther Brocka FOLKERDS, Executor of the Estate of A. C. Brocka, Deceased, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, N. D. Iowa, Central Division.

July 19, 1973.

Attorney(s) appearing for the Case

Van Eman, Mulder, Klinkenborg & Rolfs, Parkersburg, Iowa, and Allen E. Brennecke, Marshalltown, Iowa, for plaintiff.

Evan H. Hultman, U. S. Atty., Cedar Rapids, Iowa, and Robert J. Hipple, Dept. of Justice, Washington, D. C., for defendant.

MEMORANDUM AND ORDER

HANSON, District Judge.

This ruling is predicated upon cross-motions for summary judgment filed by the parties to this action. This is an action brought pursuant to 28 U.S.C., Section 1346(a)(1) for recovery of federal estate taxes allegedly overpaid. All material facts have been stipulated by the parties. The only issue before the Court is whether the Estate of A. C. Brocka should have been allowed a marital deduction (26 U.S.C., Section...

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