UNITED STATES v. TRUST NO. B. I. 35, ETC.

No. 9129.

107 F.2d 22 (1939)

UNITED STATES v. TRUST NO. B. I. 35, BANK OF AMERICA NAT. TRUST & SAVINGS ASS'N.

Circuit Court of Appeals, Ninth Circuit.

October 25, 1939.


Attorney(s) appearing for the Case

Samuel O. Clark, Jr., Asst. Atty. Gen., Sewall Key, Norman D. Keller, James P. Garland, and Arthur A. Armstrong, Sp. Assts. to Atty. Gen., and Ben Harrison, U. S. Atty., E. H. Mitchell, Francis C. Whelan, and Armond Monroe Jewell, Asst. U. S. Attys., and Eugene Harpole, Sp. Atty., Bureau of Internal Revenue, all of Los Angeles, Cal., for appellant.

M. F. Mitchell and George G. Witter, both of Los Angeles, Cal., for appellee.

BEFORE WILBUR, DENMAN, and STEPHENS, Circuit Judges.


DENMAN, Circuit Judge.

This is an appeal from a judgment of the district court for refund of taxes paid by the appellee, the court holding invalid the assessment against and collection from appellee of taxes on income for the tax years 1931 to 1933, inclusive, as earned by an association, and also the assessment of and collection as from an association an excise tax on dividends paid in 1933 to the holders of certificates of beneficial interest in the trust. The district...

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