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GENERAL GUARANTY MORTGAGE CO. v. TOMLINSON

No. 20512.

335 F.2d 518 (1964)

GENERAL GUARANTY MORTGAGE CO., Inc., Appellant, v. Laurie W. TOMLINSON, District Director of Internal Revenue, Appellee.

United States Court of Appeals Fifth Circuit.

July 29, 1964.

Attorney(s) appearing for the Case

Theodore W. Glocker, Jr., Lucius A. Buck, of Buck, Drew & Glocker, Jacksonville, Fla., for appellant.

William J. Hamilton, Jr., Asst. U. S. Atty., Jacksonville, Fla., Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson, Meyer Rothwacks, Fred R. Becker, Attys., Dept. of Justice, Washington, D. C., Edward F. Boardman, U. S. Atty., of counsel, for appellee.

Before BELL, Circuit Judge and INGRAHAM, District Judge.

GRIFFIN B. BELL, Circuit Judge.

The Commissioner of Internal Revenue asserted a deficiency in income taxes against appellant mortgage company which, together with interest thereon, was duly paid. This appeal is from the decision of the District Court adverse to appellant on a suit for refund. A payment by First Federal Savings and Loan Association of St. Petersburg, Florida, to General Guaranty Insurance Company, the parent Corporation of appellant, in termination...

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