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GREENE v. UNITED STATES

No. 11708.

237 F.2d 848 (1956)

Jane Smith GREENE, Executor of the Estate of Eva Maxson Smith, Deceased, Plaintiff-Appellee, v. UNITED STATES of America and E. J. Sauber, Director of Internal Revenue, Chicago, Illinois, Defendants-Appellants.

United States Court of Appeals Seventh Circuit.

Rehearing Denied November 27, 1956.

Attorney(s) appearing for the Case

Charles K. Rice, Asst. Atty. Gen., C. Guy Tadlock, Lee A. Jackson, Hilbert P. Zarky, Arthur I. Gould, Attorneys, Tax Division, U. S. Department of Justice, Washington, D. C., Robert Tieken, U. S. Atty., Chicago, Ill., for appellants.

Frank R. Reid, Jr., Aurora, Ill., Robert B. Hupp, Aurora, Ill., Reid, Ochsenschlager & Murphy, Aurora, Ill., for appellee.

Before MAJOR, FINNEGAN and SWAIM, Circuit Judges.

SWAIM, Circuit Judge.

This is an action for an estate tax refund brought by the "executor" of the estate of Eva Maxson Smith. A judgment was entered in favor of the plaintiff-taxpayer whereupon the Government prosecuted this appeal.

On December 31, 1934, the following agreement was entered into between Eva Maxson Smith (hereinafter referred to as the decedent) who was then a resident of the City of Auburn, New York...

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