Birdsong v. Davis

BOOTLE, District Judge.

The plaintiff is the widow of H. W. Birdsong, who died in October, 1944. Sometime subsequent to his death, the exact date not being disclosed by the pleadings, the Commissioner of Internal Revenue made a deficiency assessment against the estate of the decedent for income taxes for 1943 and for the period from January 1 to October 10, 1944.

On April 10, 1948, in the Court of Ordinary of Clarke County, Georgia, the county of decedent’s residence, a year’s support award was made to the plaintiff from the estate of her said deceased husband, the property so awarded being a…