GODDARD, District Judge.
This action was brought by the plaintiff to recover $5,845.36 which was paid by the plaintiff to the Commissioner of Internal Revenue on June 12, 1926, under protest, which sum includes a tax of $5,758.98 assessed against the defendant for the plaintiff's fiscal years ending January 1, 1919, and January 1, 1920, with interest thereon. Upon stipulation of the parties, the case has been tried by a jury of one, and each party has moved for a...
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