MEMORANDUM AND ORDER
WILKINS, District Judge.
This is an action for refund of estate taxes allegedly overpaid and penalty plus interest assessed for late filing of an estate tax return. The action is brought by Viola Pfeiffer, as executrix of the estate of her late husband, Fred M. Pfeiffer. The court has jurisdiction under Title 26 U.S.C.A. Sec. 7422 and Title 28 U.S.C.A. Sec. 1346(a) (1).
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