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LEWIS v. BOWERS

19 F.Supp. 745 (1937)

LEWIS et al. v. BOWERS.

District Court, S. D. New York.

June 2, 1937.

Attorney(s) appearing for the Case

Cravath, de Gersdorff, Swaine & Wood, of New York City (Joseph C. White and Thomas F. Boyle, both of New York City, of counsel), for plaintiffs.

Lamar Hardy, U. S. Atty., of New York City (Clarence W. Roberts, Asst. U. S. Atty., of New York City, of counsel), for defendant.

PATTERSON, District Judge.

The action is to recover an alleged overpayment of estate tax imposed under the Revenue Act of 1918 (40 Stat. 1057). The facts were stipulated at the trial and a jury was waived. The claim of the plaintiffs is that the Commissioner in computing the net taxable estate allowed too small a deduction for executors' commissions.

The decedent died a resident of New York on December 14, 1919. His will was admitted to probate and the plaintiffs...

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