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SILVERMAN v. McGINNES

No. 12585.

259 F.2d 731 (1958)

Alice H. SILVERMAN and Stanley Hinlein, Executors of the Estate of Edwin H. Silverman, Deceased, Appellants, v. E. A. McGINNES, Late Acting District Director of Internal Revenue and Presently District Director of Internal Revenue.

United States Court of Appeals Third Circuit.

Decided October 10, 1958.

Attorney(s) appearing for the Case

Abraham L. Shapiro, Philadelphia, Pa. (Philip M. Shiekman, Philadelphia, Pa., on the brief, Cohen, Shapiro & Cohen, Philadelphia, Pa., of counsel), for appellants.

Carolyn R. Just, Washington, D. C. (Charles K. Rice, Asst. Atty. Gen., Lee A. Jackson, Melva M. Graney, Attorneys, Department of Justice, Washington, D. C., Harold K. Wood, U. S. Atty., Norman C. Henss, Asst. U. S. Atty., Philadelphia, Pa., on the brief), for appellee.

Before GOODRICH, STALEY and HASTIE, Circuit Judges.

GOODRICH, Circuit Judge.

This is an appeal from a judgment for the defendant in an action brought by the executors of Edwin H. Silverman to recover certain estate taxes paid by them under protest.

The facts of the case are simple and uncontroverted. Edwin H. Silverman, in his lifetime, bought some E bonds issued by the United States Government each in the amount of $1,000. Some of these bonds were registered as payable to him and Alice H. Silverman, his former...

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