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HERRING v. UNITED STATES

Civ. No. 784.

131 F.Supp. 536 (1955)

Flora F. HERRING, Administratrix of W. A. Herring Estate, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court E. D. North Carolina, Raleigh Division.

April 29, 1955.

Attorney(s) appearing for the Case

Joseph H. Levinson, Smithfield, N. C., for plaintiff.

Julian T. Gaskill, U. S. Atty., Raleigh, N. C., for defendant.

GILLIAM, District Judge.

This is an action under 28 U.S.C.A. § 1346(a), for recovery of estate taxes. The Government moves to dismiss for lack of jurisdiction.

The complaint alleges that W. A. Herring died intestate on July 18, 1948; plaintiff qualified as administratrix and on July 12, 1949, paid federal estate tax of $28,280.63; this amount was found to be erroneous and $13,686.90 was refunded to plaintiff...

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