Kavanagh v. First Nat. Bank

ALLEN, Circuit Judge.

This appeal attacks a judgment of the District Court allowing recovery of $600 paid on account of a deficiency income tax for the year 1934, assessed by the Commissioner in 1940. The facts are stipulated, and so far as material may be summarized as follows:

On March 5, 1933, the appellee bank was closed by the Comptroller of the Currency because of insolvency, and a receiver was subsequently appointed. On June 24, 1935, the receiver filed with the appellant a return in blank of corporation income and excess profits tax, but attached thereto an affidavit stating that the…