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DUNCAN v. UNITED STATES

Civ. A. No. 1619.

143 F.Supp. 356 (1956)

Elizabeth Terry DUNCAN and The State National Bank of El Paso, Independent Executors of the Estate of Ernest Allen Duncan, Deceased, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court W. D. Texas, El Paso Division.

July 17, 1956.

Attorney(s) appearing for the Case

Eugene T. Edwards, El Paso, Tex., for plaintiffs.

Wm. Monroe Kerr, Asst. U. S. Atty., El Paso, Tex., for defendant.

THOMASON, District Judge.

The Court, having heard the captioned case without the aid of a jury, makes these its Findings of Fact and Conclusions of Law.

Findings of Fact

1.

This action is brought pursuant to the provisions of Section 1346(a) of Title 28, United States Code, for the recovery of a portion of estate tax paid by the estate of Ernest Allen Duncan, deceased, to the Director of Internal Revenue at Austin, Texas.

2.

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