Josephine F. Bennett, Etc., and Harris Trust and Savings Bank, Etc. v. United States

FINNEGAN, Circuit Judge.

Plaintiff executors’ 1 claim for refund, based upon alleged overpayment of federal estate taxes, was held barred by reason of a settlement agreement with the government. Relying upon the defendant’s first affirmative defense coupled with an array of stipulated facts and documentary exhibits, the court below dismissed plaintiffs’ complaint. The ruling was erroneous.

By their appeal the plaintiffs present the same basic question passed upon, and stipulated, below, viz.: “For the purpose of saving the time of the Court, the parties hereto are submitting to the Court the…