UNITED STATES v. HART

No. 6248.

90 F.2d 987 (1937)

UNITED STATES v. HART.

Circuit Court of Appeals, Third Circuit.

June 23, 1937.


Attorney(s) appearing for the Case

Robert H. Jackson, Asst. Atty. Gen., Sewall Key, J. Louis Monarch, Thomas G. Carney, Sp. Assts. to the Atty. Gen., Charles D. McAvoy, U. S. Atty., and Thomas J. Curtin, Asst. U. S. Atty., both of Philadelphia, Pa., for the United States.

W. L. Fox, Paul Freeman, and Freeman, Fox & Steeble, all of Philadelphia, Pa., for appellee.

Before BUFFINGTON, DAVIS and BIGGS, Circuit Judges.


BUFFINGTON, Circuit Judge.

In this case it appears that Mrs. Fisher made income tax returns for 1927, 1928, and 1930 and died thereafter. While her estate was in administration, the tax authorities conceded that she was entitled to a refund and sent a check therefor to her executor. Subsequently he filed his final account. It was duly audited and according to the Pennsylvania practice on such final audit, all claimants against the estate and other parties in interest...

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