WOOLEY v. MALLEY

No. 2152.

18 F.2d 668 (1927)

WOOLEY et al. v. MALLEY, Former Collector of Internal Revenue.

District Court, D. Massachusetts.

March 29, 1927.


Attorney(s) appearing for the Case

H. Le Baron Sampson, Hutchins & Wheeler, and Edwin A. Howes, all of Boston, Mass., for plaintiffs.

Frederick H. Tarr, U. S. Atty., of Gloucester, Mass., and Marcus Morton, Jr., Asst. U. S. Atty., of Boston, Mass., for defendant.


BREWSTER, District Judge.

This is an action at law brought by the plaintiffs as surviving executors of John B. Pierce, late of Peabody, Mass., to recover certain income taxes assessed to the said estate on incomes received in the year 1917, subsequent to the date of the death of the testator.

The plaintiffs complain:

(1) That the defendant, without authority of law, included in the taxable income $40,071, received by the plaintiffs as dividends on...

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