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ANDERSON v. MYERS

Civ. No. 6473.

170 F.Supp. 417 (1958)

Robert B. ANDERSON and Laurence Sovik, as Executors of the Estate of Eleazer Wells Edwards, Plaintiffs, v. Alva M. MYERS, District Director of Internal Revenue, Defendant, and The United States of America, Intervenor.

United States District Court N. D. New York.

October 15, 1958.

Attorney(s) appearing for the Case

Smith & Sovik, Syracuse, N. Y., for plaintiffs, Laurence Sovik, William J. Mackay, Robert B. Anderson, Syracuse, N. Y., of counsel.

Theodore F. Bowes, U. S. Atty., Syracuse, N. Y., for defendant, Charles K. Rice, Asst. Atty. Gen., James P. Garland, Stanley A. Brons, Dept. of Justice, Washington, D. C., Kenneth P. Ray, Asst. U. S. Atty., Syracuse, N. Y., of counsel.

FOLEY, District Judge.

This suit to recover income taxes allegedly assessed improperly and illegally by the District Director was tried by the Court, the minutes transcribed and briefs filed. Because of the admitted fact that the plaintiff executors had not paid the full tax upon the deficiency assessment but only partial payment decision was withheld pending determination by the United States Supreme Court of a similar situation in which certiorari had been granted...

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