Virginia National Bank, and Trustee U/w of Lee B. Zittrain, Deceased v. United States

BOREMAN, Circuit Judge:

Lee B. Zittrain (hereafter decedent) executed her will in Virginia on September 30, 1963. Following her death on December 26, 1963, Virginia National Bank (hereafter plaintiff) qualified as Executor and Trustee under the will. The will established Trusts A and B. Plaintiff filed with the Internal Revenue Service the appropriate estate tax returns claiming the full marital deduction for Trust A. The Commissioner disallowed the deduction and made an assessment of $8,067.41 in taxes and $1,288.91 in interest, for a total of $9,356.32. Plaintiff paid the assessment and…