Robert M. Benjamin and Franklin E. Parker, Jr., as Executors of the Estate of Elsie Weil, Deceased v. The United States

JONES, Chief Judge.

This is an action by the executors of the estate of Elsie Weil for a refund of $108,391.10, estate taxes paid as a deficiency assessment resulting from the Commissioner’s disallowance of the full deduction claimed by them for property previously taxed.

The issue arises in this way: Bertha Rosenheim died on April 15, 1947, leaving her entire estate by will in equal shares to her nephew and niece, Henry and Elsie Weil, who died on August 28, 1949, and March 27, 1952, respectively. Henry Weil left his entire estate by intestacy to his sister, Elsie Weil, whose death occurred…