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FIRST STATE BANK OF GAINESVILLE v. THOMAS

No. 372.

38 F.Supp. 849 (1941)

FIRST STATE BANK OF GAINESVILLE v. THOMAS, Collector of Internal Revenue.

District Court, N. D. Texas, Dallas Division.

May 22, 1941.

Attorney(s) appearing for the Case

O. D. Brundidge, of Dallas, Tex., for plaintiff.

John A. Erhard, Asst. U. S. Dist. Atty., of Dallas, Tex., Samuel O. Clark, Jr., Asst. Atty. Gen., and Andrew D. Sharpe, and Alexander Tucker, Sp. Assts. to the Atty. Gen., for defendant.

ATWELL, District Judge.

The facts are stipulated. Briefly, and somewhat summarily, they show that the plaintiff is a private corporation existing under the banking law of Texas, with its principal place of business in Gainesville. It was chartered in 1905, with an amendment in 1919.

The defendant is the duly qualified and acting Collector of Internal Revenue at Dallas.

The tax collected and sought to be recovered is an excise tax provided for in the...

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