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UNITED STATES v. CLEAVENGER

Civ. No. 4237.

325 F.Supp. 871 (1971)

UNITED STATES of America v. Thomas H. CLEAVENGER, Admr. of the Estate of Lurline B. (App) Smith, Dec., Estate of Lurline B. (App) Smith, Dec., Barbara Cleavenger, John O. App, Thomas H. Cleavenger, Individually, and Ada Grace Allt. Ernest Rueth, Intervenor.

United States District Court, N. D. Indiana, Hammond Division.

April 14, 1971.

Attorney(s) appearing for the Case

William C. Lee, U. S. Atty., J. Frank Kimbrough, Asst. U. S. Atty., Bernard J. Boyle, Reg. Counsel's Office IRS, Indianapolis, Ind., for plaintiff.

Owen W. Crumpacker, Hammond, Ind., for defendants.

Tinkham, Beckman, Kelly & Singleton, Hammond, Ind., for intervenor.

MEMORANDUM OPINION

BEAMER, District Judge.

Facts:

Lurline B. (App) Smith died testate on July 14, 1958. Thomas H. Cleavenger was appointed administrator of the estate. On October 14, 1959, the administrator filed an estate tax return showing a tax due of $32,512.67. The government assessed a tax liability of $32,640.77 against the estate on November 6, 1959. A notice of a lien for this amount was filed by the government with the Recorder...

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