BOWCUT v. UNITED STATES

Civ. No. 142.

175 F.Supp. 218 (1959)

Dorothy Rosa BOWCUT, formerly Dorothy Rosa Mora, Executrix of the Estate of Edward Mora, deceased, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court D. Montana, Billings Division.

August 6, 1959.


Attorney(s) appearing for the Case

Robert E. Hendrickson, Billings, Mont., for plaintiff.

Charles K. Rice, Asst. Atty. Gen., James P. Garland, Carrington Williams, Dept. of Justice, Washington, D. C., Krest Cyr, U. S. Atty., Butte, Mont., Waldo N. Spangelo, Asst. U. S. Atty., Billings, Mont., for defendant.


JAMESON, District Judge.

This is an action for recovery of $3,819.57 and interest paid in estate taxes in 1953. Plaintiff taxpayer is the former wife of Edward Mora (who died August 8, 1952), and the executrix of his estate. On June 11, 1953, a federal estate tax return was filed in the Mora estate, and the tax, amounting to $3,865.90, was paid.

Subsequent to Mora's death, the Commissioner of Internal Revenue determined that Mora and the taxpayer had omitted...

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