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WELLS FARGO BANK & UNION TRUST CO. v. UNITED STATES

No. 31436.

134 F.Supp. 340 (1955)

WELLS FARGO BANK & UNION TRUST CO., Executor of the Will of Walter D. K. Gibson, Deceased, Plaintiff, v. The UNITED STATES of America, Defendant.

United States District Court N. D. California, S. D.

September 23, 1955.

Attorney(s) appearing for the Case

W. T. Fitzgerald, Clarence E. Musto, Franklin C. Latcham, Morrison, Foerster, Holloway, Shuman & Clark, San Francisco, Cal., for plaintiff.

Lloyd H. Burke, U. S. Atty., George A. Blackstone Asst. U. S. Atty., San Francisco, Cal., for defendant.

HARRIS, District Judge.

The action is one brought under Section 1346(a) (1) Title 28 U.S.C.A. for the refund of federal income taxes alleged to be erroneously assessed and collected.

The essential facts are not in dispute and have been the subject of stipulation: The taxpayer is the executor of the Last Will and Testament of Walter Gibson who died on December 21, 1938. His estate was in the course of administration

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