Wooley v. Malley

BREWSTER, District Judge.

This is an action at law brought by the plaintiffs as surviving executors of John B. Pierce, late of Peabody, Mass., to recover certain income taxes assessed to the said estate on incomes received in the year 1917, subsequent to the date of the death of the testator.

The plaintiffs complain:(1) That the defendant, without authority of law, included in the taxable income $40,071, received by the plaintiffs as dividends on shares of stock in the American Radiator Company, which shares had been bequeathed to a large number of legatees, and which were, in contemplation of…