HENDERSON v. ROGAN

No. 11389.

159 F.2d 855 (1947)

HENDERSON v. ROGAN.

Circuit Court of Appeals, Ninth Circuit.

February 8, 1947.


Attorney(s) appearing for the Case

Todd W. Johnson and Frank T. Horner, both of Los Angeles, Cal., for appellant.

Sewall Key, Acting Asst. Atty. Gen., J. Louis Monarch, Hilbert P. Zarky, and Newton Fox, Sp. Assts. to Atty. Gen., and James M. Carter, U. S. Atty., and Edward H. Mitchell, Asst. U. S. Atty., both of Los Angeles, Cal., for appellee.

Before GARRECHT, STEPHENS, and BONE, Circuit Judges.


GARRECHT, Circuit Judge.

This suit involves a claim for refund of $210,356.51 federal estate tax and interest filed by the Executor of the Last Will and Testament of Mrs. Nellie Euretta Taylor and rejected by the United States Collector of Internal Revenue.

The material facts, as stipulated by the parties, were so found by the trial Court. The husband of decedent, George Wesley Taylor, executed a trust on February 6, 1931. By the terms of the trust it was...

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