THOMAS, District Judge.
This matter is here on defendant's demurrer to the complaint which sets forth the usual taxpayer's action to recover income taxes alleged to have been illegally assessed and paid under protest. The procedure adopted by the defendant in filing a demurrer to the complaint follows the course adopted and apparently approved in Towne v. McElligott (D. C.) 274 F. 960, so that the question presented is whether the Commissioner of Internal Revenue...
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