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PRINCE v. UNITED STATES

No. 79-2095.

610 F.2d 350 (1980)

Sydney R. PRINCE, III and Gage Bush Englund, as Co-Executors of the Estate of Margaret G. Bush, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

January 25, 1980.

Attorney(s) appearing for the Case

George H. McKean, Mobile, Ala., for plaintiffs-appellants.

M. Carr Ferguson, Asst. Atty. Gen., Gilbert E. Andrews, Chief, App. Section, Tax Div., Richard W. Perkins, U. S. Dept. of Justice, Washington, D.C., for defendant-appellee.

Before COLEMAN, Chief Judge, FRANK M. JOHNSON, Jr. and POLITZ, Circuit Judges.

FRANK M. JOHNSON, Jr., Circuit Judge:

Acting in their capacity as executors of the estate of Margaret Bush, Sydney R. Prince, III, and his co-executor, Gage Bush Englund, filed claims with the Internal Revenue Service (IRS) for the refund of certain income taxes paid by the decedent during her lifetime. These claims were denied. In April, 1977, the executors filed suit in the United States District Court for the Southern District of Alabama seeking either the income...

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