LINDLEY, Circuit Judge.
In the district court, plaintiff, executor of the Estate of Earl M. Costin, deceased, sought to recover from the Collector of Internal Revenue federal estate taxes and interest claimed to have been erroneously assessed, subsequently paid by the estate to the collector. The cause was tried upon stipulated facts without a jury, and resulted in judgment in favor of defendant.
The deceased, on October 20, 1923, created a trust under which...
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