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EDWARDS v. BROMBERG

No. 15791.

232 F.2d 107 (1956)

W. Sam EDWARDS, Administrator of the Estate of Marion H. Allen, Deceased, former Collector of Internal Revenue, Appellant, v. Arthur C. BROMBERG and Estate of Alice B. Bromberg, Deceased, Arthur C. Bromberg, Executor, Appellees.

United States Court of Appeals Fifth Circuit.

April 12, 1956.

Attorney(s) appearing for the Case

Grant W. Wiprud, Atty., Dept. of Justice, Washington, D. C., H. Brian Holland, Asst. Atty. Gen., Ellis N. Slack, Atty., Dept. of Justice, Washington, D. C., Frank O. Evans, U. S. Atty., Macon, Ga., Lee A. Jackson, A. F. Prescott, Walter Akerman, Jr., Attys., Dept. of Justice, Washington, D. C., Floyd M. Buford, Asst. U. S. Atty., Macon, Ga., for appellant.

Charles P. Bagley, Atlanta, Ga., for appellees.

Before HUTCHESON, Chief Judge, and RIVES and BROWN, Circuit Judges.

HUTCHESON, Chief Judge.

The suit, based on timely filed claims for refund, was brought to recover income taxes overpaid for the years 1948 and 1949, in the respective amounts of $14,293.62 and $775.72.

The claim was that the taxpayer had suffered losses from theft deductible under Sec. 23(e) (3)1 in excess of $62,500 in 1948 and of $1550 in 1949, at the hands of one Goldberg who, having received money from him under the fraudulent...

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