GRISSOM v. STERNBERGER

No. 2367.

10 F.2d 764 (1926)

GRISSOM, Collector of Internal Revenue, v. STERNBERGER et al.

Circuit Court of Appeals, Fourth Circuit.

January 12, 1926.


Attorney(s) appearing for the Case

T. J. Harkins, Asst. U. S. Atty., of Asheville, N. C., and Thomas H. Lewis, Jr., Sp. Atty. Bureau of Internal Revenue, of Washington, D. C. (F. A. Linney, U. S. Atty., of Charlotte, N. C., and A. W. Gregg, Sol. of Internal Revenue, of Washington, D. C., on the brief), for plaintiff in error.

Sidney J. Stern and A. L. Brooks, both of Greensboro, N. C. (E. S. Parker, Jr., and Julius C. Smith, both of Greensboro, N. C., on the brief), for defendants in error.

Before WADDILL, ROSE, and PARKER, Circuit Judges.


PARKER, Circuit Judge.

This was an action brought by the executors of H. Sternberger against the collector of internal revenue of the United States for the state of North Carolina, to recover the sum of $36,559.74, with interest and costs, which sum is alleged to have been erroneously collected as a federal estate tax under the Revenue Act of 1916 (39 Stat. 756). The sole question in the case was whether 840 shares of the capital stock of the Revolution Cotton Mills...

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