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FIDELITY-PHILADELPHIA TRUST CO. v. SMITH

Civ. A. 13836.

135 F.Supp. 331 (1955)

FIDELITY-PHILADELPHIA TRUST CO. Executor, Estate of Aaron Berkman, Deceased, v. Francis R. SMITH, Collector of Internal Revenue, 1st District of Pennsylvania.

United States District Court E. D. Pennsylvania.

September 2, 1955.

Attorney(s) appearing for the Case

Edward E. Dicker, Philadelphia, Pa., for plaintiff.

W. Wilson White, U. S. Atty., Alan J. Swotes, Asst. U. S. Atty., H. Brian Holland, Asst. Atty. Gen., Andrew D. Sharpe, H. Eugene Heine, Jr., Special Assts. to Atty. Gen., for defendant.

KIRKPATRICK, Chief Judge.

This is an action to recover the sum of $3,446.08, representing estate taxes alleged to have been erroneously assessed and collected. The principal part of the claim arises from the disallowance by the Commissioner, in arriving at the net value of the estate, of certain deductions (amounting to $11,503.33) for counsel fees and expenses and trustees' commissions. As to this part of the claim, the...

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