GARBER'S ESTATE v. C.I.R.

No. 12838.

271 F.2d 97 (1959)

ESTATE of Eli L. GARBER, Deceased, Farmers Bank and Trust Company of Lancaster, Pennsylvania, Executor, Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Third Circuit.

Decided October 16, 1959.


Attorney(s) appearing for the Case

Jules G. Körner, 3d, Washington, D. C. (R. S. Doyle, Washington, D. C., Blair, Korner, Doyle & Worth, Washington, D. C., on the brief), for petitioner.

Kenneth E. Levin, Washington, D. C. (Charles K. Rice, Asst. Atty. Gen., Lee A. Jackson, Harry Baum, Attorneys, Department of Justice, Washington, D. C., on the brief), for respondent.

Before BIGGS, Chief Judge, and GOODRICH and KALODNER, Circuit Judges.


BIGGS, Chief Judge.

This is an appeal from a portion of a decision of the Tax Court of the United States denying a claim for refund by the executors of the Estate of Eli L. Garber for an alleged overpayment of $26,516.55 in estate taxes. The decedent had been employed as the president of both Penn Dairies, Inc. and Garber Ice Cream Company of Lancaster, Pennsylvania, for a number of years. At his death on June 16, 1951, he was serving as president of both corporations...

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