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PRICE v. U. S.

Civ. A. No. CA-3-77-1033-G.

470 F.Supp. 136 (1979)

Mouryce PRICE, Delmas Price and Bobbye Price Fancher, sole surviving Heirs of the Estate of Tom Price, Deceased, v. UNITED STATES of America.

United States District Court, N. D. Texas, Dallas Division.

April 24, 1979.

Attorney(s) appearing for the Case

Alan L. Murray, Dallas, Tex., for plaintiffs.

Kenneth J. Mighell, U. S. Atty., Martha Joe Stroud, Asst. U. S. Atty., William W. Guild, Tax. Div., Howard A. Weinberger, Tax Div., Dallas, Tex., for defendant.

MEMORANDUM OPINION AND ORDER

PATRICK E. HIGGINBOTHAM, District Judge.

This suit for refund of $6,998.39 in federal estate taxes, submitted to this court on stipulated facts, requires this court to resolve difficult question of first impression concerning certain provisions of the Texas Probate Code and their relationship to the federal tax code. The undisputed facts are as follows:

Tom and Bertha Price, husband and wife, executed reciprocal wills...

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