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HAMMERSTEIN v. KELLEY

No. 17948.

349 F.2d 928 (1965)

Robert W. HAMMERSTEIN, Jr., Successor Trustee Under Will of Katherine B. Schlueter, a/k/a Katheryne B. Schlueter, Deceased, Appellant, v. Alvin M. KELLEY, District Director of Internal Revenue, St. Louis, Missouri, Appellee.

United States Court of Appeals Eighth Circuit.

August 16, 1965.

Attorney(s) appearing for the Case

Lackland H. Bloom, St. Louis, Mo., made argument for appellant and filed brief with Robert W. Hammerstein, Jr., pro se.

Gilbert E. Andrews, Atty., Dept. of Justice, Washington, D. C., made argument for appellee and filed brief with Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson and Michael Mulroney, Attys., Dept. of Justice, Washington, D. C., and also Richard D. FitzGibbon, U. S. Atty., and John A. Newton, Asst. U. S. Atty., St. Louis, Mo.

Before VAN OOSTERHOUT, BLACKMUN and MEHAFFY, Circuit Judges.

VAN OOSTERHOUT, Circuit Judge.

This is an action by the plaintiff, Robert W. Hammerstein, Jr., as Successor Trustee under the Will of Katherine B. Schlueter, Deceased (hereinafter called taxpayer) to recover $97,866.40 deficiency in estate tax plus interest thereon which was assessed to and paid by taxpayer. Timely claim for refund was made and no action thereon having been taken within six months, this timely suit was brought. Judge Harper, after hearing the case...

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