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BERGER v. UNITED STATES

Civ. A. No. 75-470.

487 F.Supp. 49 (1980)

C. William BERGER and Margaret R. Berger, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court, W. D. Pennsylvania.

March 25, 1980.

Attorney(s) appearing for the Case

Marvin S. Lieber, Alan Garfinkel, Berkman, Ruslander, Pohl, Lieber & Engel, Pittsburgh, Pa., for plaintiffs.

Beth Kaswan, U. S. Dept. of Justice, Tax Division, Washington, D.C., for defendant.

OPINION

DIAMOND, District Judge.

The plaintiffs C. William Berger and Margaret R. Berger, his wife, brought this action to compel the United States government to refund gift taxes and interest paid in the amount of $31,316.08. The Bergers paid the gift tax in connection with a transfer by Mr. Berger of property into two irrevocable trusts for the benefit of Margaret R. Berger and the Bergers' minor children.

In late 1968 and early 1969 Mr. Berger...

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