PENN v. ROBERTSON

No. 4611.

115 F.2d 167 (1940)

PENN et al. v. ROBERTSON, Collector of Internal Revenue.

Circuit Court of Appeals, Fourth Circuit.

October 7, 1940.


Attorney(s) appearing for the Case

L. P. McLendon, of Greensboro, N. C. (A. L. Brooks, of Greensboro, N. C., Paul P. Cohen, of Niagara Falls, N. Y., and Norman Block, of Greensboro, N. C., on the brief), for appellants and cross-appellees.

Joseph M. Jones, Sp. Asst. to Atty. Gen. (Samuel O. Clark, Jr., Asst. Atty. Gen., Sewall Key, Sp. Asst. to Atty. Gen., and Carlisle W. Higgins, U. S. Atty., and Bryce R. Holt, Asst. U. S. Atty., both of Greensboro, N. C., on the brief), for appellee and cross-appellant.

Before PARKER and DOBIE, Circuit Judges, and CHESNUT, District Judge.


CHESNUT, District Judge.

The Commissioner of Internal Revenue made deficiency assessments for individual income taxes against the estate of Charles A. Penn of North Carolina in the amount of $12,369.50, plus interest for the calendar year 1930; and in the amount of $83,641.42, plus interest for the calendar year 1931 to October 22, when Charles A. Penn died. The executors of the estate paid these taxes, duly but unsuccessfully petitioned for a refund, and thereafter...

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