Guaranty Trust Co. v. United States

HEALY, Circuit Judge.

The Guaranty Trust Company sued as liquidating trustee of Yakima Holding’ Corporation to recover the amount of a deficiency assessment collected from the latter on its 1935 income. The theory of the suit was that the income for which the deficiency was assessed was not that of the Holding Corporation but was the income of another, namely of the Yakima First National Bank. The Bank reported the income in its return for 1935, but paid no tax thereon because it suffered in that year a net operating loss.

Two transactions are involved. In respect of the first the finding below…