Farmers & Merchants Bank v. United States

Findings of Fact.

I

Speed F. Hughes, deceased, was born on January 11, 1862, and died on March 28, 1946, at Los Angeles, California. He was a citizen of the United States of America and a resident of Los Angeles, California.

II

Farmers & Merchants Bank of Los Angeles is the duly appointed, qualified, and acting administrator-with-the-will-annexed of the Estate of Speed Hughes, deceased, and as such is the plaintiff herein.

III

Plaintiff filed with the Collector of Internal Revenue for the Sixth Collection District. of California a federal estate tax return on June 25, 1947, for the Estate of Speed F. Hughes.

IV

On July 25, 1947, plaintiff paid in full the estate tax shown to be due on said return to the Collector of Internal Revenue, Harry C. Westover, to wit, the sum of $80,657.19.

V

On March 17, 1948, the Commissioner of Internal Revenue, acting through the Internal Revenue Agent'in Charge, Los Angeles, California, Division, determined that the estate tax return was in error in that the value of the net estate of decedent should be increased in the net amount of $68,036.90; and pursuant to said determination said Commissioner of Internal Revenue assessed additional…