CHEMICAL BANK NEW YORK TRUST COMPANY v. UNITED STATES

No. 65 Civ. 2035.

275 F.Supp. 26 (1967)

CHEMICAL BANK NEW YORK TRUST COMPANY, Mary W. Fox and Lucy T. Wormhoudt, Co-Executors of the Estate of Odell D. Tompkins, Deceased, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court S. D. New York.

April 26, 1967.


Attorney(s) appearing for the Case

Bernays & Eisner, New York City, for plaintiffs; Robert A. Klipstein, New York City, of counsel.

Robert M. Morgenthau, U. S. Atty. for Southern Dist. of New York, by Irwin B. Robins, Asst. U. S. Atty., New York City, for defendant.


MANSFIELD, District Judge.

In this action by taxpayer's estate against the Government for refund of income taxes paid by the taxpayer totalling $6,610.93 plus interest, the parties have cross-moved for summary judgment pursuant to Rule 56, F.R.Civ.P. Jurisdiction is premised on Title 28 U.S. C. § 1346(a) (1). Disposition of the motions requires a determination as to the time when the tax was deemed "paid" within the meaning of Title 26 U.S.C. § 6511, which...

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