BANKERS TRUST COMPANY v. UNITED STATES

No. 65-54.

156 F.Supp. 930 (1957)

BANKERS TRUST COMPANY, Trustee, Sumner Moore Kirby Trust, Gloria Kirby Conahay and Charles C. Austin, General Guardian of the Estate of Helene Louise Kirby, v. The UNITED STATES.

United States Court of Claims.

December 4, 1957.


Attorney(s) appearing for the Case

Samuel J. Foosaner, Newark, N. J., for plaintiffs. Foosaner, Saiber & Schlesinger, Newark, N. J., were on the briefs.

H. S. Fessenden, Washington, D. C., with whom was Asst. Atty. Gen. Charles K. Rice, for defendant. James P. Garland, Washington, D. C., was on the brief.


MARIS, Circuit Judge (sitting by designation).

This is a suit to recover income taxes which the plaintiffs allege were erroneously paid for the taxable year 1948 in the amount of $1,718,504.43. The Bankers Trust Company, trustee of the Sumner Moore Kirby Trust, one of the plaintiffs, filed a Federal fiduciary income tax return for the trust for that year on the cash receipts and disbursements basis reporting a tax liability...

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