TIMM AIRCRAFT CORP. v. BYRAM

Docket No. L.A. 20527.

34 Cal.2d 632 (1950)

213 P.2d 715

TIMM AIRCRAFT CORPORATION, Respondent, v. H.L. BYRAM, as County Tax Collector, etc., et al., Appellants; UNITED STATES OF AMERICA, Intervener.

Supreme Court of California. In Bank.

January 20, 1950.


Attorney(s) appearing for the Case

Ray L. Chesebro, City Attorney, Louis A. Babior, Deputy City Attorney, Harold W. Kennedy, County Counsel, A. Curtis Smith, Assistant County Counsel, and James A. Cobey, Deputy County Counsel, for Appellants.

Tom C. Clark, United States Attorney General, Theron Lamar Caudle, Assistant United States Attorney General, George A. Stinson, Berryman Green, Special Assistants to the United States Attorney General, James M. Carter, United States Attorney, Ronald Walker, Clyde C. Downing and George M. Bryant, Assistant United States Attorneys, for Respondent and Intervener.


TRAYNOR, J.

Defendants levied ad valorem taxes for the year 1944-1945 on a bank deposit of plaintiff Timm Aircraft Corporation assessed to it as a solvent credit. Timm paid the taxes under protest and then brought this action to recover them, contending that the deposit was owned by the United States and was constitutionally exempt from taxation by a state or its subdivisions. Judgment was entered for Timm, and defendants appeal.

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