DAVIS, Chief Judge.
This is a suit brought by the administrator of the Estate of Captain Robert Bradford Bickerstaff to recover income taxes assessed against and collected from the estate on account of income earned by the estate between January 6, 1945 and December 31, 1945.
Captain Robert Bradford Bickerstaff, hereinafter referred to as the deceased, died on January 5, 1945, while on active duty as a member of the armed forces of the United States.
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