Endicott Trust Company v. United States

Memorandum-Decision and Order

PORT, Judge.

Merlin J. Barret, at the time of his death, held 500 shares of Pruehauf Trailer and 1100 shares of I.B.M. common stock jointly with his surviving wife Estella, valued at $13,268.75 and $220,886.25 respectively. It is the inclusion of the total value of these securities in the gross estate of the decedent, that gives rise to the narrow and, apparently, first impression question presented by the plaintiff’s motion for summary judgment.

The parties upon the oral argument of the motion agreed, and the defendant in its brief 1 concedes, that there are no…