NEW YORK TRUST CO. v. COMMISSIONER

Docket Nos. 49660, 49661.

26 T.C. 257 (1956)

NEW YORK TRUST COMPANY, TRUSTEE AND TRANSFEREE OF THE ESTATE OF LOUISE FARNAM WILSON, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT. THE UNION & NEW HAVEN TRUST CO., TRUSTEE AND TRANSFEREE OF THE ESTATE OF LOUISE FARNAM WILSON, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

United States Tax Court.

Filed May 11, 1956.


Attorney(s) appearing for the Case

Grant N. Nickerson, Esq., for the petitioners.

James R. McGowan, Esq., for the respondent.


OPINION.

RAUM, Judge:

The Commissioner determined that each of the petitioners was liable as trustee and transferee of the property of the estate of Louise Farnam Wilson for a deficiency in estate tax in the amount of $13,522.87; he now concedes that there is no deficiency, and it appears that there has been an overpayment. The sole question is whether we have jurisdiction to make a determination of overpayment in these proceedings.

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