Bartram v. Graham

D. Connecticut

Bartram v. Graham

157 F. Supp. 757, 52 A.F.T.R. (P-H) 1144, 1957 U.S. Dist. LEXIS 2571

CourtDistrict Court, D. Connecticut

DecidedSeptember 30, 1957

DocketCiv. A. 5955-5958

StatusPublished

Cited by6 cases

This text of 157 F. Supp. 757 (Bartram v. Graham) is published on Counsel Stack Legal Research, covering District Court, D. Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bartram v. Graham, 157 F. Supp. 757, 52 A.F.T.R. (P-H) 1144, 1957 U.S. Dist. LEXIS 2571 (D. Conn. 1957).

Pincite

Opinion

J. JOSEPH SMITH, Chief Judge.

Finding of Facts

1. These are civil actions which arise under the laws of the United States of America providing for internal revenue in that they seek the recovery of monies representing gift taxes assessed and collected by the former District Director of Internal Revenue for the District of Connecticut, who is represented herein by the defendants, Helen B. Graham, his administratrix, and Harold All, District Director of Internal Revenue for the District of Connecticut.

2. The plaintiff in Civil Action No. 5955 is Joseph Burr Bartram, a resident of the Town of Greenwich, County of Fairfield and State of Connecticut.

3. On or about December 26, 1950, said Joseph Burr Bartram transferred gifts of 370 shares of common stock, no par value, of Bartram Brothers Corporation to trusts for the benefit of each of his children, Nina ’Bartram Griswold and Joseph Burr Bartram, Jr.

4. On or about March 13, 1951 said Joseph Burr Bartram filed United States Gift Tax Return, Form 709, for the calendar year 1950, reporting said gifts of *758 Bartram Brothers Corporation stock therein at a value of $114,128 per share.

5. Said Joseph Burr Bartram’s wife, Mary Sheppard Bartram, consented to and did report one-half of the said gifts of stock on her individual gift tax return for the year 1950.

6. Said Joseph Burr Bartram and said Mary Sheppard Bartram each reported transfers totaling $42,227.36 based on the valuation of Bartram Brothers stock at $114,128 per share.

7. At the request of the then District Director of Internal Revenue, James J. Graham, said Joseph Burr Bartram executed and filed a waiver of restrictions on the assessment and collection of additional gift tax in the principal amount of $4,746.93.

8. On or about April 29, 1954, said Joseph Burr Bartram paid additional gift tax in the principal amount of $4,746.93 together with interest thereon in the amount of $862.99.

9. On or about July 20, 1954, said Joseph Burr Bartram filed a timely Claim for Refund on Treasury Form 843 with the said District Director of Internal Revenue, claiming gift tax erroneously and illegally assessed and paid in the sum of $5,609.92.

10. The said District Director of Internal Revenue did not render any decision on the Claim for Refund before the expiration of six months from the date of filing such claim.

11. The plaintiff in Civil Action No. 5956 is said Mary Sheppard Bartram, a resident of the Town of Greenwich, County of Fairfield and State of Connecticut.

12. At the request of the said District Director of Internal Revenue, said Mary Sheppard Bartram executed and filed a waiver of restrictions on the assessment and collection of additional gift tax in the principal amount of $1,959.41.

13. On or about April 29, 1954, Mary Sheppard Bartram paid additional gift tax in the principal amount of $1,959.41 together with interest thereon in the amount of $356.22.

14. On or about July 20, 1954, said Mary Sheppard Bartram filed a timely Claim for Refund on Treasury Form 843 with the said District Director of Internal Revenue claiming gift tax erroneously and illegally assessed and paid in the sum of $2,315.63.

15. The said District Director of Internal Revenue did not render any decision on the Claim for Refund before the-expiration of six months from the date-of filing such claim.

16. The plaintiff in Civil Action No.. 5957 is Eleanor Bartram Radley, a resident of the Town of Greenwich, County of Fairfield and State of Connecticut.

17. On or about December 26, 1950,. said Eleanor Bartram Radley transferred! gifts of 500 shares of common stock, no-par value, of Bartram Brothers Corporation to trusts for the benefit of each of her children, Harriet Windsor, Eleanor Bartram Radley and Edith Marguerite Radley.

18. On or about March 13, 1951 said! Eleanor Bartram Radley filed United! States Gift Tax Return, Form 709, for the calendar year 1950, reporting said: gifts of Bartram Brothers Corporation, stock therein at a value of $114,128 per-share.

19. Said Eleanor Bartram Radley’s; husband, John J. Radley, Jr., consented! to and did report one-half of the said: gifts of stock on his individual gift tax. return for the year 1950.

20. Said Eleanor Bartram Radley and-said John J. Radley, Jr. each reported, transfers totaling $114,128.00 based om the valuation of Bartram Brothers stock, at $114,128 per share.

21. At the request of the said District. Director of Internal Revenue, said Eleanor Bartram Radley executed and filed a. waiver of restrictions on the assessment, and collection of additional gift tax in. the principal amount of $11,005.20.

22. On or about April 29, 1954, said’ Eleanor Bartram Radley paid additional gift tax in the principal amount of $11,— 005.20 together with interest thereon in* the amount of $2,000.75.

*759 23. On or about July 20, 1954, said Eleanor Bartram Radley filed a timely Claim for Refund on Treasury Form 843 with the said District Director of Internal Revenue, claiming gift tax erroneously and illegally assessed and paid in the sum of $13,005.95.

24. The said District Director of Internal Revenue did not render any decision on the Claim for Refund before the expiration of six months from the date of filing such claim.

25. The plaintiffs in Civil Action No. 5958 are Eleanor Bartram Radley and Joseph Burr Bartram as Executors of said John J. Radley, Jr., who died after the commencement of this action. Prior to his death, John J. Radley, Jr. was a resident of the Town of Greenwich, County of Fairfield and State of Connecticut.

26. At the request of the said District Director of Internal Revenue, said John J. Radley, Jr. executed and filed a waiver of restrictions on the assessment and collection of additional gift tax in the principal amount of $10,677.12.

27. On or about April 29, 1954, said John J. Radley, Jr. paid additional gift tax in the principal amount of $10,677.12 together with interest thereon in the amount of $1,941.19.

28. On or about July 20, 1954, said John J. Radley, Jr. filed a timely Claim for Refund on Treasury Form 843 with the said District Director of Internal Revenue, claiming gift tax erroneously and illegally assessed and paid in the sum of $12,618.31.

29. The said District Director of Internal Revenue did not render any decision on the Claim for Refund before the expiration of six months from the date of filing of such claim.

30. Bartram Brothers Corporation {hereinafter referred to as the corporation) is a corporation organized in 1925 under the laws of the State of Delaware, having its place of business in the City, County and State of New York.

31. On December 26, 1950, the corporation had issued and outstanding a total of 1,370 shares of preferred stock, $100 par value, and 148,235 shares of common stock, no par value. The fair market value of its total assets as of that date was $24,788,341. The book value of its assets as of that date was $21,051,260.

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