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BANKERS TRUST COMPANY v. UNITED STATES

No. 67, Docket 26169.

284 F.2d 537 (1960)

BANKERS TRUST COMPANY, as Executor of the Will of Harriet Delta Ellis, Deceased, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided December 12, 1960.

Attorney(s) appearing for the Case

S. Hazard Gillespie, Jr., U. S. Atty. for Southern District of New York, New York City, Myron J. Wiess, Asst. U. S. Atty., New York City, of counsel, for defendant-appellant.

Sullivan, Donovan, Hanrahan, McGovern & Lane, New York City, Richard P. Donovan, New York City, of counsel, for plaintiff-appellee.

Before HAND, SWAN and MEDINA, Circuit Judges.

SWAN, Circuit Judge.

This is an action by the executor of the will of Harriet Delta Ellis to recover an alleged overpayment of the decedent's estate tax. She died in April 1953 leaving a gross estate valued in excess of $5,000,000, and her executor filed an estate tax return reporting a net tax of more than $1,900,000. Included in the assets of the decedent's estate were United States Treasury bonds having par value of $475,000 at the date of her death but a market...

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