Dysart v. United States

STONE, Circuit Judge.

Appellant is trustee of an express trust created by the will of Alexander H. Handlan. This is an action to recover an alleged overpayment of estate taxes by the executors. From a judgment denying recovery, the trustee appeals.

*653In May, 1922, the executors filed an estate tax return which included real estate in Missouri; which did not include capital stock in the Handlan-Buck Manufacturing Company; and which claimed an allowable deduction of $20,000 for executors’ fees. Based upon this return, the executors paid a tax of $28,036.37.

In May, 1923, the Commissioner determined…