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AMERICAN NATIONAL BANK OF AUSTIN v. UNITED STATES

Civ. A. No. 67-38-A.

296 F.Supp. 512 (1968)

AMERICAN NATIONAL BANK OF AUSTIN v. UNITED STATES of America.

United States District Court W. D. Texas, Austin Division.

October 11, 1968.

Attorney(s) appearing for the Case

William H. Neary, J. W. Bullion and Buford P. Berry of Thompson, Knight, Simmons & Bullion, Dallas, Tex., and Sander W. Shapiro of Clark, Thomas, Harris, Denius & Winters, Austin, Tex., for plaintiff.

Stanley F. Krysa, Dept. of Justice, Washington, D. C., John O. Jones, Atty., Tax Division, Dept. of Justice, Fort Worth, Tex. (Also U. S. Atty., San Antonio, Tex.), for defendants.

MEMORANDUM AND ORDER

ROBERTS, District Judge.

Plaintiff, the American National Bank of Austin, seeks to recover income tax and interest assessed against it in the amount of $788,031.77 for the taxable years 1962-1964. This case was tried before this Court without a jury.

During the years involved (1962-1964), the bank entered into transactions with certain bond dealers. In these transactions the bank would take delivery of municipal bonds either...

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