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HOME TRUST CO. v. EDWARDS

30 F.2d 976 (1929)

HOME TRUST CO. v. EDWARDS, Collector of Internal Revenue. SAME v. BOWERS, Collector of Internal Revenue.

District Court, S. D. New York.

February 8, 1929.

Attorney(s) appearing for the Case

Root, Clark, Howland & Ballantine, of New York City (Elihu Root, Jr., Cloyd La Porte, and Herbert Brownell, Jr., all of New York City, of counsel), for plaintiff.

Charles H. Tuttle, U. S. Atty., of New York City (Thomas J. Crawford and Frank Chambers, Asst. U. S. Attys., both of New York City, of counsel), for defendants.

WINSLOW, District Judge.

The plaintiff, as executor of the estate of Andrew Carnegie, sues in these actions to recover from the former collector of internal revenue, William H. Edwards, and from the present collector, Frank K. Bowers, sums aggregating $1,165,625, representing a part of the estate tax assessed against Mr. Carnegie's estate under the provisions of the Revenue Act of 1918 (40 Stat. 1057).

The plaintiff alleges that these taxes, assessed and paid...

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