Legal Opinion

First Nat'l Bank v. Commissioner

United States Board of Tax Appeals

Decided April 16, 1937No. Docket No. 77165Published

Petitioner, a national bank, paid $10,000 under an agreement whereby additional capital was raised and paid over to an out of town bank in consideration for the latter taking over the assets and assuming all the liabilities of a local state bank which was about to be closed by the state banking authorities. Held: (1) That petitioner's contract was a valid exercise of its incidental powers as a national bank.

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Petitioner, a national bank, paid $10,000 under an agreement whereby additional capital was raised and paid over to an out of town bank in consideration for the latter taking over the assets and assuming all the liabilities of a local state bank which was about to be closed by the state banking authorities. Held: (1) That petitioner's contract was a valid exercise of its incidental powers as a national bank. (2) That, since the expenditure was made to protect petitioner's business, its depositors, and its stockholders, it is an ordinary and necessary expense within the meaning of section…

1Opinion of the Court

THE FIRST NATIONAL BANK OF SKOWHEGAN, MAINE, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

First Nat'l Bank v. Commissioner

Docket No. 77165.

United States Board of Tax Appeals

35 B.T.A. 876; 1937 BTA LEXIS 823;

April 16, 1937, Promulgated

Petitioner, a national bank, paid $10,000 under an agreement whereby additional capital was raised and paid over to an out of town bank in consideration for the latter taking over the assets and assuming all the liabilities of a local state bank which was about to be closed by the state banking authorities. Held:(1) That petitioner's contract was a…

2Cases cited30 opinions

  1. Welch v. HelveringSupreme Court of the United States · 1933
  2. Kornhauser v. United StatesSupreme Court of the United States · 1928
  3. Central Transportation Co. v. Pullman's Palace Car Co.Supreme Court of the United States · 1891
  4. First National Bank in St. Louis v. MissouriSupreme Court of the United States · 1924
  5. California Bank v. KennedySupreme Court of the United States · 1897

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