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JONES v. UNITED STATES

Civ. A. No. 3015.

279 F.Supp. 772 (1968)

E. Russell JONES, Executor of the Estate of Alexia duPont Ortiz deBie, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court D. Delaware.

January 26, 1968.

Attorney(s) appearing for the Case

Howard L. Williams, of Morris, James, Hitchens & Williams, Wilmington, Del., for plaintiff.

Alexander Greenfield, U. S. Atty., and Mitchell Rogovin, Asst. Atty. Gen., Donald R. Anderson, Herbert Grossman, U. S. Dept. of Justice, Washington, D. C., for defendant.

OPINION

STEEL, District Judge.

This is an action by the executor of the estate of Alexia duPont Ortiz deBie to recover income taxes which plaintiff contends were erroneously paid by taxpayer and illegally retained by defendant. By agreement the action was tried without a jury. The Court has jurisdiction of the parties and of the subject matter of the action. 28 U.S.C. § 1346(a) (1).

Background Facts

After the taxpayer filed...

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