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UNITED STATES v. WELCH

151 F.Supp. 899 (1957)

UNITED STATES of America, Plaintiff, v. Francis C. WELCH and F. Murray Forbes, Jr., Executors of the Last Will and Testament of Donald T. Carlisle, Deceased, and Katherine V. Carlisle, Defendants. UNITED STATES of America, Plaintiff, v. Francis C. WELCH and F. Murray Forbes, Jr., Executors of the Last Will and Testament of Donald T. Carlisle, Deceased, Defendants.

United States District Court S. D. New York.

May 14, 1957.

Attorney(s) appearing for the Case

Paul W. Williams, U. S. Atty., New York City, Robert J. Ward, Asst. U. S. Atty., New York City, of counsel, for plaintiff.

J. Seymour Montgomery, New York City, for defendants.

SUGARMAN, District Judge.

The United States sues to recover sums of money allegedly refunded to defendants by mistake as erroneously collected income taxes.

On November 15, 1950, such a refund was made to Donald T. Carlisle and on July 7, 1950, two such refunds were made, one to Donald T. Carlisle and Katherine V. Carlisle jointly, and to Donald T. Carlisle alone.

Before the expiration of the two-year period of limitation prescribed by Section 3746...

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