WALKDEN v. UNITED STATES

No. 13495.

255 F.2d 681 (1958)

Henry N. WALKDEN, Executor, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Sixth Circuit.

May 21, 1958.


Attorney(s) appearing for the Case

Robert Merkle, Cleveland, Ohio, for appellant.

Charles B. E. Freeman, Washington, D. C. (Charles K. Rice, Lee A. Jackson, Robert N. Anderson and George W. Beatty, Washington, D. C., Sumner Canary, Cleveland, Ohio, on the brief), for appellee.

Before MARTIN, MILLER and STEWART, Circuit Judges.


PER CURIAM.

In this case, where an estate tax was paid in December of 1951 by the executor of a decedent's will which had been duly admitted to probate, but was superseded by a second or later will, admitted to probate on April 16, 1953, and subsequently sustained as valid in litigation, District Judge Paul Jones held that the three-year statute of limitation began to run against the claim for refund of the estate tax paid by the executor of the first will from April...

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