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ROSENMAN v. UNITED STATES

No. 45197.

53 F.Supp. 722 (1944)

ROSENMAN et al. v. UNITED STATES.

Court of Claims.

February 7, 1944.

Attorney(s) appearing for the Case

Carter T. Louthan, of New York City (Mitchell, Taylor, Capron & Marsh, of New York City, on the brief), for plaintiffs.

J. W. Hussey, of Washington, D. C., and Samuel O. Clark, Jr., Asst. Atty. Gen. (Robert N. Anderson and Fred K. Dyar, both of Washington, D. C., on the brief), for defendant.

Before WHALEY, Chief Justice, and WHITAKER, MADDEN, LITTLETON, and JONES, Judges.

WHITAKER, Judge.

Plaintiffs, as the executors of the last will and testament of Louis Rosenman, sue to recover estate taxes alleged to have been erroneously exacted. The claim is based upon their right to deduct from the gross estate sums for executors' commissions, attorneys' fees, miscellaneous expenses, and an item of $25,000 paid to Martin Rosenman in settlement of a claim he presented against the estate.

The items of executors' commissions, attorneys...

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