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SHARPLESS v. UNITED STATES

No. 11320.

221 F.2d 574 (1955)

Elizabeth Rhodes SHARPLESS, Executrix of the Will of Samuel Franklin Sharpless, Deceased, Appellant, v. UNITED STATES of America.

United States Court of Appeals Third Circuit.

Decided April 21, 1955.

Attorney(s) appearing for the Case

Sidney L. Wickenhaver, Philadelphia, Pa. (Montgomery, McCracken, Walker & Rhoads, Philadelphia, Pa., on the brief), for appellant.

Edward W. Rothe, Sp. Asst. to the Atty. Gen. (H. Brian Holland, Asst. Atty. Gen., Ellis N. Slack, Hilbert P. Zarky, Sp. Assts. to the Atty. Gen., W. Wilson White, U. S. Atty., Philadelphia, Pa., on the brief), for appellee.

Before GOODRICH, KALODNER and HASTIE, Circuit Judges.

KALODNER, Circuit Judge.

The District Court, after trial without a jury, entered judgment against the plaintiff on her claim to recover estate taxes assessed as a deficiency and paid by her. On this appeal, the question for determination is whether the claim was timely asserted.

The underlying facts are not in dispute. They are as follows:

In 1935, plaintiff's decedent, Samuel Sharpless, deeded certain real...

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