McDERMOTT, District Judge.
These are two cases to recover income and excess profits taxes paid in 1920, for the year 1919, levied under the Revenue Act of 1918 (40 Stat. 1057). The Elmhurst Company was the owner of a part of the capital stock of the Orlando Company; the return made by the two plaintiffs was a consolidated return. Similar motions to dismiss have been made in each case, and the cases have been argued, briefed, and submitted together.
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