WINER v. UNITED STATES


153 F.Supp. 941 (1957)

Bertha Jacobi WINER, as Executrix under the Last Will and Testament of Helen Binswanger Jacobi, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court S. D. New York.

July 9, 1957.


Attorney(s) appearing for the Case

Nathan, Mannheimer, Asche & Winer, New York City, for plaintiff. Norman Winer, New York City, of counsel.

Paul W. Williams, U. S. Atty. for the S. D. of New York, New York City, for defendant. Harold J. Raby, Asst. U. S. Atty., New York City, of counsel.


LEVET, District Judge.

This is a motion by plaintiff for summary judgment. The amended complaint contains two causes of action. There are no disputes of fact. In the first cause of action plaintiff seeks to recover the sum of $2,617.81 which she, as executrix of her mother's estate, paid as part of the estate tax. The estate tax was paid under protest on the ground that a portion of the estate upon which the tax was paid...

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