Legal Opinion

Des Portes v. United States

District Court, E.D. South Carolina

Decided January 21, 1959No. Civ. A. 5534PublishedCited by 1 opinion

1Opinion of the Court

TIMMERMAN, Chief Judge.

In this action the plaintiff seeks to recoup an estate tax deficiency amounting to $16,449.71 assessed against the estate of Richard S. DesPortes, deceased, and paid by said estate under protest on November 21, 1949.

In addition to the aforestated claim, the “Plaintiff seeks a refund of not only this total amount, with interest, but thé additional overpayment in tax with interest resulting from the deduction allowable for the payment of attorneys’ fees in litigating this claim. As attorneys’ fees are based on a percentage of principal and interest recovered, the exact…

2Cases cited7 opinions

  1. United States v. WellsSupreme Court of the United States · 1931
  2. Allen v. Trust Co. of Ga.Supreme Court of the United States · 1946
  3. Becker v. St. Louis Union Trust Co.Supreme Court of the United States · 1935
  4. Goldstone v. United StatesSupreme Court of the United States · 1945
  5. Fidelity-Philadelphia Trust Co. v. SmithSupreme Court of the United States · 1958

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3Cited by1 opinion

  1. Fatter v. UsryDistrict Court, E.D. Louisiana · 1967

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