ENSLEY BANK & TRUST CO. v. UNITED STATES

No. 11465.

154 F.2d 968 (1946)

ENSLEY BANK & TRUST CO. v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied May 15, 1946.


Attorney(s) appearing for the Case

Bernard A. Monaghan and Lee C. Bradley, Jr., both of Birmingham, Ala., for appellant.

Homer R. Miller, Sp. Asst. to the Atty. Gen., and Sewall Key, Acting Asst. Atty. Gen., and William H. Burton, Jr., Asst. U. S. Atty., of Birmingham, Ala., for appellee.

Before SIBLEY, HOLMES, and McCORD, Circuit Judges.


SIBLEY, Circuit Judge.

Ensley Bank & Trust Company, as taxpayer, made income tax returns on the actual receipts and disbursements basis, claiming in 1933 and 1934 deductions on account of a partial charge-off in each year as worthless of a note due by the defunct Ensley National Bank for an original principal of $355,080.63. The deductions were disallowed, additional taxes were assessed and paid, refund denied, and suit brought in the District Court to recover...

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