OTIS, District Judge.
This is a suit to recover $3,952.23 additional income taxes for the year 1921, together with interest thereon. The plaintiff had filed a return for the year 1921 showing no tax liability. The additional amount was subsequently assessed and paid by him under protest. At the trial of the case, a jury having been waived, the testimony included an agreed statement of certain facts and other testimony, from all of which I make the following:
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