POST v. UNITED STATES

Civil Action No. 4932.

61 F.Supp. 380 (1945)

POST et al. v. UNITED STATES.

District Court, E. D. New York.

June 12, 1945.


Attorney(s) appearing for the Case

Julian S. Bush, of New York City (W. Kintzing Post, of New York City, of counsel), for plaintiffs.

Samuel O. Clark, Jr., Asst. Atty. Gen., Andrew D. Sharpe, and Frederic G. Rita, Sp. Asst. to Atty. Gen., and Miles F. McDonald, U. S. Atty., and Frank J. Parker, Asst. U. S. Atty., both of Brooklyn, N. Y., for defendant.


GALSTON, District Judge.

Both parties have moved for summary judgment.

The facts are not in dispute. The suit is one for the recovery of federal estate taxes alleged to have been assessed erroneously and illegally against and collected from the plaintiffs in the amount of $1404.63. It appears that Mary Lawrence Post, the decedent, executed a deed of trust which provided that the income on the trust fund was to be paid by the trustees to and for the use of...

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