No. 3557.

24 F.2d 745 (1927)

HERRON et al. v. HEINER, Collector of Internal Revenue.

District Court, W. D. Pennsylvania.

December 20, 1927.

Attorney(s) appearing for the Case

Charles E. Young, of Pittsburgh, Pa., for plaintiffs.

John D. Meyer, U. S. Atty., and Wm. J. Aiken, Asst. U. S. Atty., both of Pittsburgh, Pa., A. W. Gregg, Gen. Counsel Bureau of Internal Revenue, and T. H. Lewis, Jr., Sp. Atty., both of Washington, D. C., for defendant.

THOMSON, District Judge.

The plaintiffs, surviving executors of the will of J. B. Finley, deceased, bring this suit to recover the sum of $30,138, with interest, which is alleged to have been erroneously assessed and collected as a federal estate tax under the Revenue Act of 1918 (40 Stat. 1057). An affidavit of defense was filed to the statement of claim raising questions of law, which are before the court for determination. In this situation, the material facts...


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