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BENZ v. CARNEY

No. 6608.

15 F.Supp. 145 (1936)

BENZ et al. v. CARNEY.

District Court, D. Massachusetts.

May 28, 1936.

Attorney(s) appearing for the Case

Hale & Dorr and Laurence E. Green, all of Boston, Mass., for plaintiff.

Francis J. W. Ford, U. S. Atty., and Arthur L. Murray, Asst. U. S. Atty., both of Boston, Mass., and Robert H. Jackson, Asst. Atty. Gen., and Andrew D. Sharpe and M. C. Ferguson, Sp. Assts. to Atty. Gen., for defendant.

BREWSTER, District Judge.

This is an action to recover $7,152.27 with interest, paid as an estate tax upon the estate of Jacob C. Benz, deceased, which the plaintiffs allege was illegally exacted.

The decedent died November 12, 1932, leaving a substantial estate upon which was returned, and paid a tax of $94,847.23. Thereafter the Commissioner of Internal Revenue assessed an additional estate tax, in the amount of $6,750.61 with interest amounting to $401...

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