MORTON, District Judge.
This is an action at law to recover back a tax paid under protest. It was heard on agreed facts, supplemented by the oral testimony of a single witness, Mr. Patrick. There is no dispute about the facts, which are as follows:
On November 25, 1927, the plaintiff was assessed on income and excess profits under the Revenue Act of 1918 (40 Stat. 1057). The tax was paid under protest on January 25, 1928; the total amount of principal and...
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