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BANK OF NEW YORK v. UNITED STATES

141 F.Supp. 364 (1956)

BANK OF NEW YORK and Margaret T. Seckel, as Executors of the Will of Josiah C. Thaw, Deceased, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court S. D. New York.

May 29, 1956.

Attorney(s) appearing for the Case

Morris & McVeigh, New York City, for plaintiffs (Francis J. Rogers, New York City, of counsel).

Paul W. Williams, U. S. Atty. for Southern Dist. of New York, New York City, for defendant (Milton E. Lacina, New York City, of counsel).

THOMAS F. MURPHY, District Judge.

This is an action by the executors of the estate of Josiah C. Thaw for a refund of an estate tax deficiency.

The decedent died March 15, 1944, and thereafter an estate tax of $420,309.17 was duly paid. After an audit of the return plaintiffs received a thirty-day letter on October 23, 1946, wherein they were advised that the Treasury was asserting a deficiency based upon, among other items, the full value of a trust created...

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