First National Bank of Forth Worth v. United States

SIMPSON, Circuit Judge:

This appeal requires our decision of questions of tax liability and statutory construction which have seldom arisen in the past, never in this Circuit.

Both the Philippine (misspelled as Phil-lippine in the caption of this appeal) and Texas estates of Linnie Jane Hodges, separate juridical entities, by agreement of the parties, paid the same income tax deficiencies for their testatrix; only the Texas estate filed a claim for refund followed by a suit in the district court on this claim. Fearing exposure to double liability, the Internal Revenue Service (IRS)…