McMAHON v. UNITED STATES

Civ. A. No. 2151.

172 F.Supp. 490 (1959)

Evelyn E. McMAHON, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court D. Rhode Island.

April 1, 1959.


Attorney(s) appearing for the Case

John P. Cooney, Jr., Providence, R. I., Joseph B. Buckley, Ansonia, Conn., for plaintiff.

Charles K. Rice, Asst. Atty. Gen., James P. Garland and William F. Kolbe, Attys., Dept. of Justice, Washington, D. C., Joseph Mainelli, U. S. Atty., Samuel S. Tanzi, Asst. U. S. Atty., Providence, R. I., for defendant.


DAY, District Judge.

In this action the plaintiff, widow of one Patrick S. McMahon, seeks to recover a sum of money paid to satisfy the income tax liability of the decedent for the years 1946 and 1947, which taxes were due and owing by him at the time of his death on June 20, 1953. Said sum was paid out of the proceeds of insurance policies on the decedent's life, which policies designated the plaintiff as the beneficiary. The plaintiff herein asserts that said sum...

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