BOOTH, Chief Justice.
On May 29, 1925, the plaintiffs paid to the Commissioner of Internal Revenue $93,994.35 federal estate taxes assessed by the commissioner against the estate of Joseph Kengel, deceased. On June 1, 1925, the plaintiffs paid a small deficiency assessment of $5.58. Of the total amount of estate taxes paid, $91,255.53 was assessed and paid because the commissioner included in the estate tax assessment the then value of certain real property in the...
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