Nee v. Linwood Securities Co.

JOHNSEN, Circuit Judge.

Like Nee v. Main Street Bank, 8 Cir., 174 F.2d 425, decided concurrently here with, this case involves the liability oí a trust for income taxes as an association and for capital stock taxes as an association doing business.

As in that situation, the trust had been terminated before the assessments were made, and the beneficiaries, to whom the property had been conveyed, paid the taxes and sued in the District Court for their recovery. The court, on a non-jury trial, gave the beneficiaries judgment, and the Collector has appealed.

The situations in the two cases are…