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BURRILL v. SHAUGHNESSY

No. 1615.

71 F.Supp. 99 (1947)

BURRILL et al. v. SHAUGHNESSY, Collector of Internal Revenue.

District Court, N. D. New York.

January 24, 1947.

Attorney(s) appearing for the Case

Hancock, Dorr, Ryan & Shove, of Syracuse, N.Y. (Benjamin E. Shove, of Syracuse, N. Y., of counsel), for plaintiffs.

Irving J. Higbee, U. S. Atty., of Syracuse, N. Y. (Frederick G. Rita, Sp. Asst. to the Atty. Gen., of counsel), for defendant.

BRENNAN, District Judge.

Plaintiffs seek a money judgment based upon the alleged illegal over-assessment of estate taxes in the Estate of Harvey D. Burrill, deceased. Brief reference to the facts is made to afford a background for this decision.

Harvey D. Burrill was a prominent business man of the City of Syracuse. He died on December 24, 1938, and the present plaintiffs are the executors of his last Will and Testament. The usual tax proceedings were taken...

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