CHASE NAT. BANK v. UNITED STATES


28 F.Supp. 947 (1939)

CHASE NAT. BANK OF CITY OF NEW YORK v. UNITED STATES.

District Court, S. D. New York.

August 3, 1939.


Attorney(s) appearing for the Case

Ewing Everett, of New York City (O. H. Chmillon, of Washington, D. C., Malcolm Johnson, of New York City, and Miller & Chevalier, of Washington, D. C., of counsel), for plaintiff.

John T. Cahill, U. S. Atty., of New York City (Andrew D. Sharpe and Edward First, Sp. Assts. to Atty. Gen., and William F. Young, Asst. U. S. Atty., of New York City, of counsel), for the United States.

Albert Hirst, of New York City, for National Ass'n of Life Underwriters, amicus curiæ.

C. Alexander Capron, Rollin Browne, and George Craven, all of New York City (Mitchell, Taylor, Capron & Marsh, of New York City, of counsel), amici curiæ.


COXE, District Judge.

This is a suit by the executor of Forrest F. Dryden to recover estate taxes alleged to have been illegally collected by the government. It challenges the action of the commissioner in including in the gross estate of the decedent the proceeds of a fully paid up life insurance policy, issued to the decedent in 1920, in which his wife was irrevocably named as the beneficiary, as well as the proceeds of paid up additional insurance purchased with...

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