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APLINGTON v. UNITED STATES

No. 375-57.

169 F.Supp. 815 (1959)

William J. APLINGTON, as Administrator with the Will Annexed of the Estate of Walter Clark, Deceased, v. UNITED STATES.

United States Court of Claims.

January 14, 1959.

Attorney(s) appearing for the Case

David McNeilly, Peru, Ill., for plaintiff.

H. S. Fessenden, Washington, D. C., with whom was Asst. Atty. Gen., Charles K. Rice, for defendant. James P. Garland and Lyle M. Turner, Washington, D. C., were on the brief.

JONES, Chief Judge.

This is a suit by the plaintiff as administrator of the estate of Walter Clark, deceased, for a refund of a Federal estate tax.

The primary question is whether a claim for refund was filed within the statutory period as provided in section 910 of the Internal Revenue Code of 1939 as a requirement for maintaining suit.

Walter Clark died on May 28, 1950. Pursuant to the provisions of his will the plaintiff was appointed administrator...

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