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O'BRIEN v. STURGESS

39 F.2d 950 (1930)

O'BRIEN et al. v. STURGESS, Collector of Internal Revenue.

District Court, D. New Jersey.

February 19, 1930.

Attorney(s) appearing for the Case

H. Collin Minton, Jr., of Trenton, N. J., and Frank S. Bright and L. C. Connally, both of Washington, D. C., for plaintiffs.

Phillip Forman, U. S. Dist. Atty., of Trenton, N. J. (C. M. Charest, General Counsel, Bureau of Internal Revenue, and T. H. Lewis, Jr., Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C., of counsel), for defendant.

RUNYON, District Judge.

The above-entitled action was instituted in this court to recover the sum of $211,285.57, together with interest, and claimed to have been erroneously assessed and collected under the Revenue Act of 1918 (40 Stat. 1057).

Mr. Roebling died May 29, 1921. The return filed by his executors for federal estate tax purposes showed $236,870.88 due, and this amount was paid in due course of administration...

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