UNITED STATES v. HERRING

No. 7288.

240 F.2d 225 (1957)

UNITED STATES of America, Appellant, v. Flora F. HERRING, Administratrix of W. A. Herring Estate, Appellee.

United States Court of Appeals Fourth Circuit.

Decided January 2, 1957.


Attorney(s) appearing for the Case

Carrington Williams, Atty., Dept. of Justice, Washington, D. C. (Charles K. Rice, Asst. Atty. Gen., Lee A. Jackson and A. F. Prescott, Attys., Dept. of Justice, Washington, D. C., Julian T. Gaskill, U. S. Atty., Goldsboro, N.C., and Jane A. Parker, Asst. U.S. Atty., Smithfield, N.C., on brief), for appellant.

Joseph H. Levinson, Benson, N. C., for appellee.

Before PARKER, Chief Judge, SOPER, Circuit Judge, and CHESNUT, District Judge.


SOPER, Circuit Judge.

This suit was brought by Flora F. Herring, administratrix of the estate of W. A. Herring, her deceased husband, against the United States to secure a refund of income taxes which had been paid by the estate after the decedent's death. W. A. Herring died on July 18, 1948, leaving a gross estate of $230,387.94. On July 12, 1949, the administratrix made an estate tax return showing a 1949 estate tax liability of $28,280.63, which she then paid;...

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