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ROUTZAHN v. BROWN

No. 7781.

95 F.2d 766 (1938)

ROUTZAHN v. BROWN.

Circuit Court of Appeals, Sixth Circuit.

April 7, 1938.

Attorney(s) appearing for the Case

W. C. Jennings, of Washington, D. C. (James W. Morris, Sewall Key, J. Louis Monarch, and Julian G. Gibbs, all of Washington, D. C., and Emerich B. Freed and Everett L. Foote, both of Cleveland, Ohio, on the brief), for appellant.

Horace Andrews, Jr., and John Hadden, both of Cleveland, Ohio (Andrews, Hadden & Putnam, of Cleveland, Ohio, on the brief), for appellee.

Before HICKS, SIMONS, and ALLEN, Circuit Judges.

SIMONS, Circuit Judge.

The case is here for the second time, and is a suit to recover from the collector of internal revenue an overpayment of estate taxes after the rejection of a timely claim for refund. When the case was first tried, the collector defended upon the ground that property willed to the decedent by his deceased wife was part of his gross estate, and that the taxes collected were attributable to a determination of that fact by the Commissioner. The...

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