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SILVERMAN v. McGINNES

Civ. A. No. 19573.

170 F.Supp. 813 (1959)

Alice H. SILVERMAN and Stanley Hinlein, Executors of the Estate of Edwin H. Silverman, Deceased, v. E. A. McGINNES, Late Acting District Director of Internal Revenue and presently District Director of Internal Revenue.

United States District Court E. D. Pennsylvania.

January 10, 1959.

Attorney(s) appearing for the Case

Cohen, Shapiro & Cohen, by Abraham L. Shapiro, and Philip M. Shiekman, Philadelphia, Pa., for plaintiffs.

Harold K. Wood, U. S. Atty., Norman C. Henss, Asst. U. S. Atty., Phila., Pa., Frederick G. Rita, Special Asst. to the Atty. Gen., for defendant.

KIRKPATRICK, District Judge.

The plaintiffs in this action sued to recover taxes paid, under protest, as a result of the Commissioner's inclusion of Series E bonds in the decedent's gross estate. This Court entered judgment in favor of the defendant. On appeal by the plaintiffs, the Court of Appeals, 259 F.2d 731 reversed and remanded the case.

In their complaint the plaintiffs made no claim for a deduction for attorneys'...

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