MANUFACTURERS HANOVER TRUST CO. v. UNITED STATES

No. 311-61.

312 F.2d 785 (1963)

MANUFACTURERS HANOVER TRUST COMPANY, as Trustee Under Indenture Dated November 15, 1927, Made by Henry H. Rogers, Deceased v. The UNITED STATES.

United States Court of Claims.

February 6, 1963.


Attorney(s) appearing for the Case

Hewitt A. Conway, New York City, for plaintiff. Kelley, Drye, Newhall, Maginnes & Warren, New York City, were on the brief.

David D. Rosenstein, Chicago, Ill., with whom was Louis F. Oberdorfer, Asst. Atty. Gen., for defendant. Edward S. Smith, Lyle M. Turner and Philip R. Miller, Washington, D. C., were on the briefs.


DAVIS, Judge.

This is a suit brought by plaintiff, as trustee under a trust indenture executed by Henry H. Rogers on November 5, 1927, to obtain a refund of income taxes and interest in the amount of $23,008.89, which was paid by the trust for calendar year 1954. The case is before the court on plaintiff's motion and defendant's cross-motion for summary judgment, and presents three issues which call for resolution: (1) whether attorneys' fees incurred by the taxpayer...

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