First National Bank v. United States

GRANT, Chief Judge.

MEMORANDUM

Plaintiff, as executor of Henry Higgason’s estate, seeks a refund of income taxes which the decedent, under an alleged claim of right, reported and paid for several years prior to his death.

*976Higgason had been a self-employed optometrist for many years. On 1 May 1952 he executed an employment agreement with one Stanley Warner whereby Warner, who agreed to enter the optometry firm, was to receive a fixed percentage of the net profits of the firm. The two continued in practice together until Higgason’s death in 1967. Following the death, the executor-bank conducted an…