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HOLLAND v. McGOWAN

Civ. No. 4435.

162 F.Supp. 156 (1956)

Charles B. HOLLAND and Manufacturers & Traders Trust Company, as Executors of the Last Will and Testament of Charles J. Holland Moritz, Deceased, Plaintiffs, v. George T. McGOWAN, Collector of Internal Revenue, Defendant, and United States of America, Intervenor.

United States District Court W. D. New York.

July 9, 1956.

Attorney(s) appearing for the Case

Robert R. Barrett, Donald C. Lubick, Buffalo, N. Y., Hodgson, Russ, Andrews, Woods & Goodyear, Buffalo, N. Y., of counsel, for plaintiffs.

John O. Henderson, U. S. Atty. for Western District of New York, Buffalo, N. Y., H. Brian Holland, Asst. Atty. Gen., Washington, D. C., of counsel, for defendant.

MORGAN, District Judge.

This action was commenced by Charles B. Holland and the Manufacturers & Traders Trust Company, as executors under the last will and testament of Charles J. Holland Moritz to recover an alleged overpayment of gift taxes paid by Charles J. Holland Moritz for the year 1941. As against any recovery by the plaintiffs, the United States, as intervenor, seeks to set off $16,286.50 plus interest as additional estate taxes of Charles J. Holland...

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