SIBLEY, District Judge.
Woolford Realty Company sues to recover as an overpayment income tax paid on a consolidated return for itself and Piedmont Savings Company for the year 1927. A general demurrer is interposed. The petition and exhibits show these facts: Piedmont Savings Company, prior to 1927, was not so affiliated with plaintiff as to permit consolidated returns. The separate returns of Piedmont Savings Company for 1925 and 1926 showed net losses. The consolidated...
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