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FREESE v. JONES

No. 3268.

156 F.2d 454 (1946)

FREESE v. JONES.

Circuit Court of Appeals, Tenth Circuit.

Rehearing Denied August 22, 1946.

Attorney(s) appearing for the Case

Geo. H. McElroy, of Oklahomo City, Okl. (Mosteller & McElroy, of Oklahoma City, Okl., on the brief), for appellant.

Lester L. Gibson, of Washington, D. C. (Sewall Key and Robert N. Anderson, both of Washington, D. C., and Charles E. Dierker, U. S. Atty., of Oklahoma City, Okl., on the brief), for appellee.

Before BRATTON, HUXMAN and MURRAH, Circuit Judges.

HUXMAN, Circuit Judge.

This case involves income taxes of the estate of John H. Markham, deceased, for the year 1934. A tentative tax return for the year 1934 was filed on behalf of the estate March 15, 1935. A final return was filed September 17, 1935, showing no tax due. Following a review and audit of the return, the Commissioner of Internal Revenue determined a deficiency in the sum of $128,132.66. This tax was duly assessed and was paid, together with interest...

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