BEAN, District Judge.
It is admitted that $15,612.22 was wrongfully and unlawfully exacted from plaintiff for income and excess profit tax for the year 1918, in excess of what was legally due from it. $10,354.33 of this amount has been refunded. This action is brought to recover the balance.
The defendant insists that an action to recover income taxes improperly assessed and paid to a collector, who is still in office, is not maintainable against the United...
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