SCHMALSTIG v. CONNER

Civil No. 332.

46 F.Supp. 531 (1942)

SCHMALSTIG et al. v. CONNER, Collector of Internal Revenue.

District Court, S. D. Ohio, W. D.

August 21, 1942.


Attorney(s) appearing for the Case

Murray Seasongood, Bert H. Long, and Harry Stickney, all of Cincinnati, Ohio (Paxton & Seasongood, of Cincinnati, Ohio, of counsel), for plaintiffs.

Samuel O. Clark, Jr., Asst. Atty. Gen., Andrew D. Sharpe and Carl J. Marold, Sp. Assts. to Atty. Gen., and Calvin Crawford, U. S. Atty., and Frederic W. Johnson, Asst. U. S. Atty., both of Cincinnati, Ohio, for defendant.


DRUFFEL, District Judge.

Plaintiffs bring their action against defendant seeking a refund of $34,817.42 with interest alleging that the same was erroneously and illegally assessed and collected by reason of the fact that the sum so paid was computed and paid on a net estate subject to tax without allowance of administration expenses of $118,012.67 for attorney fees, contrary to the provisions of Section 303 of the Revenue Act of 1926, Section 812 of the Internal Revenue...

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