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BENFIELD v. UNITED STATES

No. 42879.

27 F.Supp. 56 (1939)

BENFIELD et al. v. UNITED STATES.

Court of Claims.

April 3, 1939.

Attorney(s) appearing for the Case

Arthur L. Evely, of Detroit, Mich. (Raymond H. Berry and Ralph W. Barbier, both of Detroit, Mich., on the brief), for plaintiffs.

Elizabeth A. Davis, of Washington, D. C., and James W. Morris, Asst. Atty. Gen. (Robert N. Anderson and Fred K. Dyar, both of Washington, D. C., on the brief), for the United States.

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

GREEN, Judge.

This is a suit brought for the recovery of income taxes with interest thereon for the years 1930 and 1931 alleged to have been erroneously assessed and collected from Margaret T. Walker.

Margaret T. Walker died in 1933 and plaintiffs are her executors. Her husband was James Harrington Walker, who died December 16, 1919, leaving a will. The will was probated in Wayne County, Michigan, on February 25...

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