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MONTANA BANK v. CASEY

Nos. 9945, 9946.

337 P.2d 935 (1959)

MONTANA BANK, a corporation, Plaintiff and Respondent, v. Horace F. CASEY, as State Treasurer of the State of Montana, Defendant and Appellant.

Supreme Court of Montana.

Decided April 13, 1959.

Attorney(s) appearing for the Case

Forrest H. Anderson, Atty. Gen., Wm. F. Crowley, Asst. Atty. Gen., Geo. T. Bennett, Tax Counsel, Bd. of Equalization, Helena, for appellant. George T. Bennett argued orally.

Baucus & Dawson, Great Falls, William G. Baucus, Great Falls, argued orally for respondent.

ERNEST E. FENTON, District Judge.

In the court below the respondent taxpayer had judgments for the recovery of corporation license taxes paid under protest. Two appeals have been taken, involving taxes for different years, but since the issues are identical the two appeals have been consolidated.

The tax in question is that portion of the corporation license computed upon net income represented by interest and amortization of premium on United States government...

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