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1405

Minutes of actions taken by the Board of Governors of the
Federal Reserve System on Wednesday, August 13, 1952.
PRESENT:

Mr.
Mr.
Mr.
Mr.
Mr.

Szymczak, Chairman pro tem.
Evans
Vardaman
Mills
Robertson
Mr. Carpenter, Secretary
Mr. Sherman, Assistant Secretary
Mr. Kenyon, Assistant Secretary

of the
Minutes of actions taken by the Board of Governors
Federal Reserve System on August 12, 1952, were approved unanimously.
Valdosta,
Letter to the First National Bank of Valdosta,
Georgia, reading as follows:
"The Board of Governors of the Federal Reserve
for
System has given consideration to your application
when
act,
fiduciary powers, and grants you authority to
e,
truste
not in contravention of State or local law, as
bonds,
and
executor, administrator, registrar of stocks
of
guardian of estates, assignee, receiver, committee
ty
capaci
estates of lunatics, or in any other fiduciary
acorpor
in which State banks, trust companies or other
banks
tions which come into competition with national
are permitted to act under the laws of the State of
subject
Georgia, the exercise of all such rights to be
to the provisions of the Federal Reserve Act and the
Federal
regulations of the Board of Governors of the
Reserve System.
exercise
"This letter will be your authority to
the fiduciary powers granted by the Board pending the
such authoriPreparation of a formal certificate covering
course."
zation, which will be forwarded to you in due




Approved unanimously, for
transmittal through the Federal
Reserve Bank of Atlanta.

-2-

8/13/52

Letter to Mr. Young, President, Federal Reserve Bank of
Chicago, reading as follows:
"This refers to your letter of August 5, 1952,
and its enclosures, concerning the decision of your
Bank to litigate in the Michigan State courts the
an
question of its right to exemption from the Michig
no
oses
interp
Board
the
if
State sales and use tax,
objection thereto.
"From the above correspondence and also your
is
letter of May 29, 1952, to which you referred, it
with
ago
me
someti
aken
noted that negotiations undert
the Michigan tax authorities for recognition of your
claim to exemption from the Michigan tax law, as
amended, have not been successful. It is also noted
not
that the suppliers of your Detroit Branch who have
,
ations
negoti
such
g
insisted on payment of the tax pendin
ses
purcha
on
paid
be
tax
are now urging either that the
ted
from them or that your claim to exemption be submit
of
amount
the
ntly,
for judicial determination. Appare
ere
somewh
e
averag
to
ed
the tax, if paid, might be expect
around $3,000 to 64,000 per year.
"You indicated that the decision of your bank to
by a
litigate the matter was prompted, in large part,
e Court
Suprem
an
Michig
the
case decided very recently by
ed
entitl
was
an
Michig
in
Which held that a national bank
tax,
the
from
ty
immuni
l
to litigate its claim to Federa
the
regardless of the legal incidence thereof, since
inYou
bank.
the
upon
economic burden of the tax fell
court
the
of
ge
langua
dicated also that, because the
of
in that case is regarded as favorable and because
the
of
7
n
the broad exemption contained in sectio
that
Federal Reserve Act, your General Counsel feels
exto
claim
You might reasonably expect to have your
.
courts
State
emption recognized by the Michigan




140

8 13,82
"In the circumstances, the Board interposes no
objection to the decision of your Bank in this regard."




Approved unanimously.