Legal Opinion

National Bank of Commerce v. United States

District Court, W.D. Tennessee

Decided January 10, 1949No. Civ. No. 1409PublishedCited by 3 opinions

1Opinion of the Court

DARR, District Judge.

This action was brought for the refund, with interest, of $3,460.73 of Federal Income Tax paid under protest.

In January, 1933, the Bank of Commerce & Trust Company, a state institution, hereinafter called the Old Bank, was in extreme financial difficulties. After much consideration and effort the persons in control of -the Old Bank fell upon the plan of organizing a new national bank. A new bank was organized under the name of National Bank of Commerce in Memphis, the plaintiff in this case. For clarity the plaintiff will be referred to herein as the New Bank.

At the time…

2Cases cited5 opinions

  1. Fox v. Johnson & Wimsatt, Inc.Court of Appeals for the D.C. Circuit · 1942
  2. Rugel v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1942
  3. Quintana Petroleum Co. v. CommissionerCourt of Appeals for the Fifth Circuit · 1944
  4. Co-Operative Oil Ass'n v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1940
  5. Cory v. Hamilton Nat. BankCourt of Appeals for the Sixth Circuit · 1929

3Cited by3 opinions

  1. Sloane v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1951
  2. Tennessee, Alabama & Georgia Ry. Co. v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1951
  3. National Bank of Commerce in Memphis v. United StatesCourt of Appeals for the Sixth Circuit · 1950

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