COMMISSIONER OF INTERNAL REVENUE v. FIRST STATE BANK

No. 12183.

168 F.2d 1004 (1948)

COMMISSIONER OF INTERNAL REVENUE v. FIRST STATE BANK OF STRATFORD.

Circuit Court of Appeals, Fifth Circuit.

June 25, 1948.


Attorney(s) appearing for the Case

Melva M. Graney, George A. Stinson and Lee A. Jackson, Sp. Assts. to the Atty. Gen., Theron L. Caudle, Asst. Atty. Gen. and Charles Oliphant, Chief Counsel, Bureau of Internal Revenue, and John M. Morawski, Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C., for petitioner.

Dorothy Ann Kinney and Walter G. Russell, both of Amarillo, Tex., for respondent.

Before SIBLEY, HUTCHESON, HOLMES, McCORD, WALLER, and LEE, Circuit Judges.


HOLMES, Circuit Judge.

The Commissioner is seeking the correction of errors alleged to have been made by the Tax Court in its decision in this case. The question for decision is whether certain recoveries on notes in 1942 were income to the taxpayer, the respondent on review.

On October 17, 1942, the First State Bank of Stratford declared a dividend in kind, which consisted of certain notes that had been charged off as wholly worthless, and deducted as bad...

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