HANSEN-STURM v. UNITED STATES


201 F.Supp. 392 (1962)

Dorothy Margaret HANSEN-STURM and Margaret Johanna MacBain, Executrices of the Last Will and Testament of Johanna Gristede, Deceased, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court S. D. New York.

January 11, 1962.


Attorney(s) appearing for the Case

Joseph Buch, New York City, for plaintiffs.

Robert M. Morgenthau, U. S. Atty., S. D. New York, New York City, for defendant; Myron J. Wiess and Morton L. Ginsberg, Asst. U. S. Attys., New York City, of counsel.


METZNER, District Judge.

This is an action by the executrices of taxpayer's estate to recover an overpayment of taxes. The government has moved for summary judgment.

The taxpayer remitted estimated tax for the year 1953, in the sum of $49,019.82, as follows: March 1953 — $9,203.97; June 1953 — $27,611.89; September 1953 — $9,203.96. Taxpayer filed her income tax return for 1953 on January 18, 1954, and showed thereon a tax of $39,536.68...

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