WEST SEATTLE NATIONAL BANK OF SEATTLE v. C. I. R.

No. 16838.

288 F.2d 47 (1961)

WEST SEATTLE NATIONAL BANK OF SEATTLE, Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Ninth Circuit.

February 27, 1961.


Attorney(s) appearing for the Case

Kerr, McCord & Moen, R. A. Moen, James N. O'Conner, Seattle, Wash., for petitioner.

Howe, Davis, Riese & Jones, John M. Davis & James H. Madison, Seattle, Wash., amici curiae. Carolyn E. Agger, Julius M. Greismas, Washington, D. C., amici curiae for First Security Corporation.

Charles K. Rice, Asst. Atty. Gen., Lee A. Jackson, Harry Baum, Bruce J. Terris, attorneys, Dept. of Justice, Washington, D. C., for respondent.

Before CHAMBERS, MERRILL and KOELSCH, Circuit Judges.


MERRILL, Circuit Judge.

This case presents the question whether upon a sale of corporate assets pursuant to a plan of complete liquidation with the accounts receivable being sold at face value, the taxpayer's reserve for bad debts constitutes ordinary income and is taxable as such or constitutes gain and is free from tax under § 337(a) of Internal Revenue Code of 1954, 26 U.S. C.A. § 337(a).

The taxpayer, an incorporated national banking association...

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