BANKERS MORTGAGE COMPANY v. UNITED STATES

No. 27396.

423 F.2d 73 (1970)

BANKERS MORTGAGE COMPANY, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Certiorari Denied June 29, 1970.


Attorney(s) appearing for the Case

Walter P. Zivley, Carroll Shaddock, Liddell, Dawson, Sapp & Zivley, Houston, Tex., for appellant.

Anthony J. P. Farris, U. S. Atty., James R. Gough, Asst. U. S. Atty., Houston, Tex., Richard M. Roberts, Acting Asst. Atty. Gen., Lee A. Jackson, William A. Friedlander, Elmer J. Kelsey, Attys., Tax Div., Dept. of Justice, Washington, D. C., Johnnie M. Walters, Asst. Atty. Gen., for appellee.

Before GEWIN, THORNBERRY and AINSWORTH, Circuit Judges.


Certiorari Denied June 29, 1970. See 90 S.Ct. 2242.

GEWIN, Circuit Judge:

We are again called upon to determine the tax consequences of a 1937 transaction between Bankers Mortgage Company (taxpayer) and Humble Oil and Refining Company (Humble). Over a quarter of a century ago this court1 quoted Mr. Justice Frankfurter2 in characterizing the transaction here under scrutiny "as `a technically elegant...

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