BINGHAM, Circuit Judge.
This is an action at law to recover a sum paid the defendant as an additional income tax alleged to have been illegally assessed and collected for the year 1924 in respect to certain income of the estate of David P. Kimball, which, in accordance with the terms of his will, the plaintiff had received in the year 1924, but had failed to include in her individual tax return for that year.
The case was tried before the court, a jury having...
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