BREWSTER, District Judge.
This action is brought to recover a federal estate tax, paid by the plaintiff as executor under the will of William F. McQuillen. The defendant has demurred to the declaration. It is alleged that McQuillen died February 24, 1926; that in accordance with the provisions of the Revenue Act of 1924 the plaintiff duly filed a return, as required by the federal estate tax provisions of such act; that the Commissioner of Internal Revenue determined...
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