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KUHN v. UNITED STATES

Civ. A. No. 72-H-165.

392 F.Supp. 1229 (1975)

Bedie L. KUHN, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, S. D. Texas, Houston Division.

April 21, 1975.

Attorney(s) appearing for the Case

Allen E. Pye, Pye & Dobbs, Tyler, Tex., Robert L. Waters, Chamberlain, Hrdlicka, White & Waters, Houston, Tex., for plaintiff.

Edward B. McDonough, Jr., U. S. Atty., Houston, Tex., Lawrence R. Jones, Jr., Tax Div., Dept. of Justice, Dallas, Tex., for defendant.

MEMORANDUM AND OPINION

CARL O. BUE, Jr., District Judge.

I. INTRODUCTION

This is a suit for tax refund. All the facts have been stipulated by the parties, and the case has been submitted to the Court for resolution. Jurisdiction is proper in this Court pursuant to 28 U. S.C. § 1346(a). The case presents one legal question: may a taxpayer-surviving spouse who with the decedent spouse transferred all community property to a trust in exchange...

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