HENLEY v. BOSWELL

Civ. 517.

316 So.2d 342 (1975)

Edmond D. HENLEY et al. v. Charles A. BOSWELL, Commissioner of Revenue, State of Alabama, and the Alabama State Department of Revenue.

Court of Civil Appeals of Alabama.

April 30, 1975.


Attorney(s) appearing for the Case

John B. Gamble, Jr., Birmingham, for appellants.

William J. Baxley, Atty. Gen., Willard W. Livingston, Counsel, Dept. of Revenue, and Asst. Atty. Gen., Ron Bowden, Asst. Counsel, Dept. of Revenue, and Asst. Atty. Gen., for appellee.


HOLMES, Judge.

Appellant-taxpayers appeal the granting of a summary judgment in favor of the appellee-department of revenue, on the petition for writ of mandamus to compel the department of revenue to certify a refund claimed due by appellant.

Appellant-taxpayers are the co-executors of the estate of E. D. Henley, deceased. Appellants owed certain federal estate taxes on the estate and elected to pay these federal taxes to the federal government over a ten...

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