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FIRST TRUST & DEPOSIT CO v. UNITED STATES

No. 951.

58 F.Supp. 162 (1944)

FIRST TRUST & DEPOSIT CO. et al. v. UNITED STATES.

District Court, N. D. New York.

September 27, 1944.

Attorney(s) appearing for the Case

Hiscock, Cowie, Bruce, Lee & Mawhinney, of Syracuse, N. Y. (M. R. Quinn, of Syracuse, N. Y., of counsel), for plaintiffs.

Irving J. Higbee, U. S. Atty., of Syracuse, N. Y. (B. Fitch Tompkins, Asst. U. S. Atty., of Syracuse, N. Y., Samuel O. Clark, Jr., Asst. Atty. Gen., and Andrew D. Sharpe and Leon F. Cooper, Sp. Assts. to Atty. Gen., of counsel), for defendant.

BRYANT, District Judge.

This is an action by the executors of a decedent's estate to recover income taxes of the estate alleged to have been overpaid, in the amount of $4,879.60, for the calendar year 1936. The facts have been stipulated. The salient ones are:

1. The plaintiffs are the executors of Leonard A. Saxer, who died a resident of Syracuse, New York, on May 1, 1933. The estate was in process of administration during and subsequent to the year 1936...

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