Texas Mexican Railway Co. v. United States

ALLRED, District Judge.

Action brought under Section 1346 (a) (1) of Title 28 U.S.C.A. for refund of $43,375, corporate income tax paid by plaintiff railway company, (hereinafter called railroad), for the calendar year 1953. The claimed amount represented 52% of a state court judgment rendered against the railroad in 1952 for personal injuries sustained by one T. A. Bunn. The judgment did not become final and was not actually paid off until 1954; but in 1953, plaintiff placed $100,000 in escrow with a San Antonio bank as security for the execution of a supersedeas bond in order to appeal from…