Fawcett v. United States

ROCHE, District Judge.

This is an action by certain distributees and the executrix of a deceased distributee, of the estate of Lillian Ryan Fitzgerald, to recover the sum of $5,026.38, assessed as estate tax, with interest thereon from January 12, 1942, the date of payment. This assessment resulted from the Commissioner of Internal Revenue having included in the value of the gross estate the sum of $27,199 received during the year subsequent to the decedent’s death as dividends on stock owned by the decedent. Defendant admits that this assessment was erroneous and illegal and the sole question…