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WINKLE v. UNITED STATES OF AMERICA

Civ. A. No. 15431.

160 F.Supp. 348 (1958)

Alice B. WINKLE, Executrix of the Estate of Ruth Chambers Benson, late of Patterson Heights, Beaver Falls, Pennsylvania, Plaintiff, v. The UNITED STATES OF AMERICA and A. J. Dudley, Director of Internal Revenue, Pittsburgh District, Defendants.

United States District Court W. D. Pennsylvania.

March 25, 1958.

Attorney(s) appearing for the Case

John D. Ray, Beaver, Pa., for plaintiff.

D. Malcolm Anderson, Jr., U. S. Atty., Thomas J. Shannon, Asst. U. S. Atty., Pittsburgh, Pa., Charles K. Rice, Asst. Atty. Gen., James P. Garland, Arthur C. Flinders, Dept. of Justice, Washington, D. C., for defendants.

MARSH, District Judge.

This is an action brought under Title 28, § 1346(a) (1) of the United States Code to recover $5,700.47 of estate tax alleged to have been erroneously and illegally determined against the Estate of Ruth Chambers Benson, which tax has been duly paid under protest by the Estate.

Most of the facts were stipulated, are so found, and are incorporated herein by reference.1

The action was originally...

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