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WERBE'S ESTATE v. UNITED STATES

No. 12682.

273 F.2d 201 (1959)

Estate of Thomas C. WERBE, American Fletcher National Bank and Trust Company, Administrator, C.T.A., Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

December 30, 1959.

Attorney(s) appearing for the Case

Lester M. Ponder, Richard E. Deer, Indianapolis, Ind., for appellant.

Charles K. Rice, Lee A. Jackson, Robert N. Anderson, John J. Pajak, Washington, D. C. (Don A. Tabbert, U. S. Atty., James L. Miller, Asst. U. S. Atty., Indianapolis, Ind., on the brief), for appellee.

Before DUFFY, KNOCH and CASTLE, Circuit Judges.

KNOCH, Circuit Judge.

Plaintiff taxpayer sought to recover alleged overpayment of estate taxes in the amount of $6,755.60, plus the amount of estate tax attributable to the legal expense required in filing and prosecuting the refund suit. The latter sum in the amount of $501.93, with interest, was allowed in the District Court and is not involved in this appeal.

In filing its federal estate tax return, the administrator...

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