The Exchange and Savings Bank of Berlin v. United States

J. SPENCER BELL, Circuit Judge:

The United States appeals from a summary judgment for the plaintiff, The Exchange and Savings Bank of Berlin, Maryland, in an action brought by the bank to recover income taxes and interest for the years 1957, 1958 and 1959. The district court held that the bank qualified for exemption from taxation during the years in question under the provisions of section 7507(b) of the Internal Revenue Code of 1964. 1 We cannot agree.

On February 11, 1932, the bank’s directors placed it in the hands of a receiver. On March 19, 1932, an agreement was entered into between the…