BOURQUIN, District Judge.
This is an action to recover income taxes paid for 1917, by plaintiff alleged to have been wrongfully exacted in amount $58,012.89. Involved is a single issue, as tried, viz., whether the inventory by plaintiff, taken December 31, 1917, was based on cost. If it was, plaintiff is entitled to recover; if not, its action fails.
For that year plaintiff made return that its net income subject to taxes was $110,264, upon which it paid taxes...
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