Muir v. United States

LITTLETON, Judge.

Plaintiff contends that the assessment in 1924 of the tax upon the income of his wife for 1919 was void because there was no such person as “Mary Muir” in existence at the time the assessment was made; that the assessment was the same as if it had been made against a fictitious person; that collection thereof from plaintiff by credit was illegal; and that, since a legal assessment of the tax against plaintiff as executor of the estate of Mary Muir is barred by the statute of limitation,, the amount of $157,680.46 of plaintiff’s overpayment for 1919 retained and applied by the…