SCHOONMAKER, District Judge.
This is a suit to recover federal estate taxes alleged to have been illegally exacted by the collector of internal revenue. A jury trial was waived and the case heard by the court. On the pleadings and proof we find the following facts:
John Bindley died December 18, 1921. The plaintiffs are his surviving executors. On December 14, 1922, the executors of this estate filed a federal tax return with the collector, showing tax due...
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