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BOHNEN v. HARRISON

No. 11485.

232 F.2d 406 (1956)

Edwin J. BOHNEN, Executor of the Estate of Mary A. Bohnen, and Individually; Theodore G. Bohnen and Virginia E. Bohnen, Plaintiffs-Appellees, v. Carter H. HARRISON, Individually and as Collector of Internal Revenue, Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

April 10, 1956.

Attorney(s) appearing for the Case

Robert Tieken, U. S. Atty., Chicago, Ill., H. Brian Holland, Asst. Atty. Gen., Marvin W. Weinstein, Lee A. Jackson, A. F. Prescott, Attorneys, Department of Justice, Washington, D. C., for appellant.

George S. Stansell, Chicago, Ill., William M. Emery, John J. Cassidy, Jr., Chicago, Ill., for appellees.

Before MAJOR, LINDLEY and SWAIM, Circuit Judges.

SWAIM, Circuit Judge.

This case involves the allowance by the District Court of attorneys' fees and other expenses incurred in the prosecution by plaintiffs of a claim for refund of estate taxes which were illegally collected. Plaintiff Edwin J. Bohnen, as executor of the estate of his mother, Mary A. Bohnen, on October 14, 1945, filed a claim for the refund of estate taxes on the ground that the Commissioner of Internal Revenue had erroneously included in the decedent...

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