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BACH v. McGINNES

Civ. A. No. 28132.

218 F.Supp. 914 (1963)

Ruth M. BACH, Melvin C. Webb, and the First Pennsylvania Banking and Trust Company, Executors of the Estate of Charles T. Bach, Deceased, Plaintiffs, v. Edgar A. McGINNES, Individually and as United States District Director of Internal Revenue for the Internal Revenue District of Philadelphia, Pennsylvania, Defendant.

United States District Court E. D. Pennsylvania.

June 10, 1963.

Attorney(s) appearing for the Case

Charles J. Biddle, Frederick E. S. Morrison, James J. Cloran, Drinker, Biddle & Reath, Philadelphia, Pa., for plaintiffs.

Drew J. T. O'Keefe, U. S. Atty., Sidney Salkin, Asst. U. S. Atty., Philadelphia, Pa., Louis F. Oberdorfer, Asst. Atty. Gen., Solomon Fisher, Edward S. Smith, David A. Wilson, Jr., Dept. of Justice, Washington, D. C., for defendant.

GRIM, District Judge.

Plaintiffs are suing to recover for an alleged overpayment of federal estate tax. On the basis of stipulated facts defendant has moved to dismiss the action.

Charles T. Bach died on May 3, 1955, a resident of Pennsylvania. In his will, after several comparatively small legacies, he left the residue of his estate in trust the income from which was payable to his widow for life with the remainder of the principal to certain named relatives...

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