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STUBBLEFIELD v. UNITED STATES

No. 42038.

6 F.Supp. 440 (1934)

STUBBLEFIELD v. UNITED STATES.

Court of Claims.

April 2, 1934.

Attorney(s) appearing for the Case

Frederick Schwertner, of Washington, D. C., for plaintiff.

J. H. Sheppard, of Washington, D. C., and Frank J. Wideman, Asst. Atty. Gen. (Elizabeth B. Davis, of Washington, D. C., on the brief), for the United States.

Before BOOTH, Chief Justice, and GREEN, LITTLETON, WILLIAMS, and WHALEY, Judges.

BOOTH, Chief Justice.

The plaintiff in this case is the executrix of the estate of her deceased husband, Thomas W. Stubblefield. The suit is for the recovery of an estate tax alleged to have been illegally assessed and collected by the Commissioner of Internal Revenue under the following provisions of the Revenue Act of 1924 (43 Stat. 253, 304, 26 USCA § 1094 note):

"Sec. 302. The value of the gross estate of the decedent shall be determined by including...

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