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KAHN v. UNITED STATES

No. 52.

257 U.S. 244 (1921)

KAHN ET AL., EXECUTORS OF WOLFF, v. UNITED STATES.

Supreme Court of United States.

Decided December 5, 1921.

Attorney(s) appearing for the Case

Mr. H.T. Newcomb, with whom Mr. Frederick L. Fishback was on the brief, for appellants.

Mr. Assistant Attorney General Ottinger, with whom Mr. Solicitor General Beck and Mr. Harvey B. Cox were on the brief, for the United States.

MR. JUSTICE BRANDEIS delivered the opinion of the court.

This suit was brought in the Court of Claims by the executors of Abraham Wolff of New Jersey to have refunded $58,885.86 paid in taxes assessed upon legacies under the provisions of § 29 of the Act of June 13, 1898, c. 448, 30 Stat. 448, 464-465. Wolff died on October 1, 1900. The taxes were paid on November 4, 1903. This suit was begun July 2, 1917. The contention...

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