Mercantile Home Bank & Trust Co. v. United States

GARDNER, Circuit Judge,

The question to be determined in this case is whether appellant, by reason of having ' by written contract taken over practically all of the assets of the Home Trust Company -while it was in straitened financial circumstances, became liable for the taxes due from such company to the United States. The lower court, in an action at law tried to the court without a jury, held appellant liable. This liability is predicated upon the following facts found by the court, or otherwise appearing from the record:

The Home Trust Company, of Kansas City, Mo., was incorporated as a…