UNITED STATES v. TEXAS MEXICAN RAILWAY COMPANY

No. 17275.

263 F.2d 31 (1959)

UNITED STATES of America, Appellant, v. TEXAS MEXICAN RAILWAY COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

January 30, 1959.


Attorney(s) appearing for the Case

William B. Butler, U. S. Atty., Arthur L. Moller, Asst. U. S. Atty., Houston, Tex., Joseph Kovner, James P. Turner, L. W. Post, Lee A. Jackson, Attys., Dept. of Justice, Washington, D. C., Charles K. Rice, Asst. Atty. Gen., for appellant.

Elmore H. Borchers, Laredo, Tex., for appellee.

Before HUTCHESON, Chief Judge, and RIVES and WISDOM, Circuit Judges.


WISDOM, Circuit Judge.

This appeal turns on the tax effect of a deposit in escrow of funds as security for the execution of a supersedeas bond in order to perfect the taxpayer's appeal from an adverse judgment in a suit for personal injuries. The taxpayer contends that deposit in escrow is equivalent to payment of the judgment and that the amount of the judgment may be deducted by a taxpayer on an accrual basis in the year in which the deposit was made. The district...

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