TAYLOR, District Judge.
On October 3, 1955 William A. Meyer and Madelon W. Meyer brought this action against the United States for refund of income taxes paid by them in 1951 in the amount of $1,550.66. Jurisdiction is based upon 28 U.S.C.A. § 1346 (a) (1).
Plaintiff William A. Meyer died on December 30, 1957; and upon application an order was entered by the Court substituting Madelon Warters Meyer, Executrix of the estate, as party-plaintiff herein....
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