Davis v. United States

PATTERSON, District Judge.

The plaintiff, administrator c. t. a. of the estate of Edward M. Davis, brought action to recover $7,341.52 paid as estate tax. The United States answered, admitting everything pleaded by the plaintiff except conclusions of law. Both parties then moved for judgment on the pleadings.

The decedent, Edward M. Davis, died on December 20, 1934, a resident of New York. His executrix made return of estate tax under the Revenue Act of 1926, as amended, and paid tax of $1,852.44. The t commissioner later made deficiency assessment of $7,341.52, based on inclusion in the…