BREWSTER, District Judge.
The petitioner in the above-entitled matter brings this petition to recover an income tax paid for the calendar year 1920, alleging in brief that it returned and paid a tax of $170,873.43 which was not legally due.
The respondent filed a plea to the jurisdiction and a motion to dismiss. These pleadings are based upon the following propositions:
(1) That by reason of certain provisions of the Revenue Act of 1926 (44 Stat. 9...
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