U.S. Bancorp, Successor In Interest to West One Bancorp and Subsidiaries, formerly known as Moore Financial Group, Inc. - Page 4

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          resolved by a trial or obviated by agreement of the parties,                
          before we can decide whether the rule of law we first expressed             
          in Security Bank Minn. v. Commissioner, supra, and recently                 
          applied in Security State Bank v. Commissioner, supra, applies to           
          the CD's and time deposits.                                                 
               The background facts set forth below are derived from the              
          pleadings in this case, petitioner's request for admission,                 
          respondent's responses to petitioner's request, the affidavit and           
          exhibits attached to petitioner's motion for partial summary                
          judgment and the supplement to petitioner's motion, respondent's            
          cross-motion for partial summary judgment, the declaration and              
          exhibits attached to respondent's response to petitioner's                  
          motion, the exhibits attached to petitioner's reply to                      
          respondent's response, and petitioner's supplemental reply and              
          affidavit attached thereto.  The background facts are set forth             
          solely for the purpose of deciding the motions and are not                  
          findings of fact for this case.  Fed. R. Civ. P. 52(a);                     
          Sundstrand Corp. v. Commissioner, 98 T.C. 518, 520 (1992), affd.            
          17 F.3d 965 (7th Cir. 1994).                                                
          Factual Background                                                          
               Petitioner is a successor in interest by merger to West One            
          Bancorp, formerly known as Moore Financial Group, Inc. (Moore               
          Financial), a national bank holding company incorporated in Idaho           

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