UNITED STATES v. BANK OF AMERICA TRUST AND SAVINGS ASS'N

No. 17412.

303 F.2d 304 (1962)

UNITED STATES of America, Appellant, v. BANK OF AMERICA TRUST AND SAVINGS ASSOCIATION, a national banking association, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied June 18, 1962.


Attorney(s) appearing for the Case

Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson, Harry Baum, Myron C. Baum, Attys, Dept of Justice, Washington, D. C., Cecil F. Poole, U. S. Atty., Richard L. Carico, Asst. U. S. Atty., San Francisco, Cal., for appellant.

George H. Koster, San Francisco, Cal., for appellee.

Before HAMLEY and KOELSCH, Circuit Judges, and MURRAY, District Judge.


HAMLEY, Circuit Judge.

This appeal involves federal excess profits taxes for the years 1950, 1952 and 1953 in the aggregate amount of $1,510,803.54. Deficiencies aggregating this sum were assessed and paid. Timely claims for refunds were filed and were rejected. The taxpayer then brought this action for recovery of the taxes paid. The district court granted judgment for plaintiff, the exact amount of recovery being computed by the Internal Revenue Service pursuant...

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