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MURRAH v. WISEMAN

No. 457-70.

449 F.2d 187 (1971)

A. P. MURRAH et al., Plaintiffs-Appellants, v. Earl R. WISEMAN, District Director of Internal Revenue, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

October 4, 1971.

Attorney(s) appearing for the Case

William N. Christian, Oklahoma City, Okl. (T. Murray Robinson and Odie A. Nance, Oklahoma City, Okl., on the brief), for plaintiffs-appellants.

Ann E. Belanger, Atty., Dept. of Justice (Johnnie M. Walters, Asst. Atty. Gen., Meyer Rothwacks and Loring W. Post, Attys., Dept. of Justice, and William R. Burkett, U. S. Atty., of counsel, on the brief), for defendant-appellee.

Before SETH, ALDISERT, and McWILLIAMS, Circuit Judges.

McWILLIAMS, Circuit Judge.

This is a federal estate tax case wherein the executors of the estate of F. E. Harper brought suit against the District Director of Internal Revenue at Oklahoma City, Oklahoma, to recover judgment in the amount of $57,296.84 for estate taxes collected in excess of the amount said to be lawfully due on said estate. The gist of the complaint was that certain property held solely in the decedent's name at the time of death was improperly included...

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