FIRST NATIONAL BANK OF ATLANTA v. ALLEN

Civ. A. 743.

100 F.Supp. 133 (1951)

FIRST NATIONAL BANK OF ATLANTA v. ALLEN, Collector of Internal Revenue.

United States District Court M. D. Georgia, Macon Division.

August 29, 1951.


Attorney(s) appearing for the Case

Spalding, Sibley, Troutman & Kelley, Atlanta, Ga. (Robt. B. Troutman, and Furman Smith, Atlanta, Ga., of counsel), for plaintiff.

John P. Cowart, U. S. Atty., T. Reese Watkins, Asst. U. S. Atty., Macon Ga. (Theron Lamar Caudle, Asst. Atty. Gen., Andrew D. Sharpe, Homer R. Miller, Special Assts. to the Atty. Gen., on the brief), for defendant.


DAVIS, Chief Judge.

Plaintiff herein qualified as executor of the will of Conkey P. Whitehead and on January 31, 1942, within the time fixed by law, filed a federal estate tax return, disclosing a tax due of $904,654.82, which amount was paid with the return. On January 20, 1945, the Commissioner of Internal Revenue gave notice to the taxpayer of an alleged deficiency of estate taxes in the principal amount of $2,109,675...

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