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FILIPPINI v. UNITED STATES

No. 38438.

200 F.Supp. 286 (1961)

Lucile McAulay FILIPPINI, as Executrix of the Last Will and Testament of Carra McAulay, Deceased, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court N. D. California, S. D.

December 1, 1961.

Attorney(s) appearing for the Case

Henry C. Clausen, Clausen & St. Clair, San Francisco, Cal., for plaintiff.

Cecil F. Poole, U. S. Atty., Richard L. Carico, Asst. U. S. Atty., San Francisco, Cal., for defendant.

SWEIGERT, District Judge.

Plaintiff, as executrix of the estate of one Carra McAuley, has brought this refund action against the United States for the recovery of $33,609.64, income taxes assessed and collected from the decedent prior to her death for the year 1953. This Court has jurisdiction under 28 U.S.C. § 1346(a) (1).

It appears from the complaint and the transcript of record that the decedent owned approximately 263 acres of improved realty, located...

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