KALBFLEISCH, District Judge.
This is an action to recover $9,794.54 in income taxes and interest alleged to have been erroneously assessed and collected from the executor of the estate of William Wagner, for the years 1952 and 1953.
During the trial of this cause two questions were presented to the Court:
1.
"Whether the collection by an executor of accounts receivable owing to the decedent are subject to the income tax and, if so, as ordinary...
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