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HIDDEN v. DUREY

34 F.2d 174 (1929)

HIDDEN et al. v. DUREY, Collector of Internal Revenue.

District Court, N. D. New York.

April 18, 1929.

Attorney(s) appearing for the Case

Hun, Parker & Reilly, of Albany, N. Y. (William L. Woodward, of New York City, of counsel), for plaintiffs.

Oliver D. Burden, U. S. Atty., of Syracuse, N. Y. (B. Fitch Tompkins, Asst. U. S. Atty., of Syracuse, N. Y., C. M. Charest, General Counsel, Bureau of Internal Revenue, Wm. T. Sabine, Jr., Sp. Atty., Bureau of Internal Revenue, and P. E. Miller, Sp. Atty., Bureau of Internal Revenue, all of Washington, D. C., of counsel), for defendant.

COOPER, District Judge.

Plaintiffs as executors bring this action to recover $12,181.13 federal estate tax paid under protest by them for the estate of Thomas E. Hidden, deceased. A jury trial was waived. The facts are undisputed. The questions involved are questions of law.

The decedent died on September 3, 1918, at the town of Northeast, Dutchess county, N. Y., leaving a will and five codicils, which were duly probated by the Surrogate's Court of Dutchess...

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