MARIS, District Judge.
These are two suits arising out of the income tax liability of the late Cyrus H. K. Curtis for the year 1931. The first suit is by the United States against his executors to recover the amount of a refund made to his executors in 1933, erroneously, as the government contends. The second is a suit by his executors against the United States under the Tucker Act, 28 U.S.C.A. § 41(20), to recover back $10,200 additional tax which he paid and...
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