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UNITED STATES v. ARNOLD

No. 5777.

89 F.2d 246 (1937)

UNITED STATES v. ARNOLD et al.

Circuit Court of Appeals, Third Circuit.

February 4, 1937.

Attorney(s) appearing for the Case

Frank J. Wideman, Asst. Atty. Gen., and Sewall Key, Norman D. Keller, and E. E. Angevine, Sp. Assts. to the Atty. Gen. (Charles D. McAvoy, U. S. Atty., and Thomas J. Curtin, Asst. U. S. Atty., both of Philadelphia, Pa.), for the United States.

A. S. Weill, of Philadelphia, Pa., and Hugh Satterlee, of Washington, D. C. (Weill, Blakely & Nesbit, of Philadelphia, Pa., and Weill, Satterlee, Blakely & Green, of Washington, D. C., of counsel), for appellees.

Before DAVIS and THOMPSON, Circuit Judges, and FORMAN, District Judge.

DAVIS, Circuit Judge.

This is an appeal from a judgment of the District Court allowing recovery of an overpayment of income tax by the trustees.

In 1928 the trustees sold some of the assets of the Nirdlinger Estate and reported a profit of $169,656.51 on which they paid the income tax for that year. When their account was filed with the orphans' court of Philadelphia County in 1932, it decreed that $23,805.23 of the profit resulting from the sale did not belong...

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