SCHOONMAKER, District Judge.
This is an action to recover income and profits taxes for the year 1917, alleged to have been illegally collected after the collection was barred by the statute of limitations.
The defendant has filed an affidavit of defense, averring:
(1) That the statute of limitations had not expired at the date of collection, by reason of the fact that a waiver had been executed by the taxpayer and the Commissioner of Internal Revenue...
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