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PENN v. ROBERTSON

No. 613.

29 F.Supp. 386 (1939)

PENN et al. v. ROBERTSON, Collector of Internal Revenue.

District Court, M. D. North Carolina.

June 28, 1939.

Attorney(s) appearing for the Case

Brooks, McLendon & Holderness, of Greensboro, N. C., and Paul Cohen, of Niagara Falls, N. Y., for plaintiff.

James W. Morris, Asst. Atty. Gen., Andrew D. Sharpe and Mills Kitchin, Sp. Assts. to Atty. Gen., Carlisle Higgins, U. S. Dist. Atty., of Winston-Salem, N. C., and Bryce R. Holt, Asst. U. S. Atty., of Greensboro, N. C., for defendant.

HAYES, District Judge.

This is a suit for the recovery of income taxes for the calendar year 1930 and for that period in 1931 from January 1 to October 22, 1931 — the date of taxpayer's death — and is brought by plaintiffs as executors under the last will and testament of Charles A. Penn, deceased. The taxes involved were levied and collected by the Collector under the Revenue Act of 1928 (45 Stat. 791).

Charles A. Penn was vice-president and...

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