Monell v. Helvering

CHASE, Circuit Judge.

The petitioner was the executrix under the will of her husband, Ambrose Monell, and the sole beneficiary. She filed an estate tax return in which certain securities were overvalued and paid the tax computed on such valuation. Some time later an attorney who specialized in tax matters called her attention to the fact that taxes had been overpaid, and, in her capacity as executrix, she employed him in behalf of the estate of Am-brose Monell to file and prosecute a claim for refund of any such taxes. It was agreed that the attorney should be paid nothing unless the estate…