McCLINTIC, District Judge.
This is a petition filed by the plaintiff to recover an alleged overpayment on an assessment for income tax in the sum of $1196.20. With a slight exception, the facts are stipulated.
Plaintiff was a partner in the firm of Pugh Furniture Company on the 1st day of January, 1926, and owned 77½ per cent. of the business. R. G. Hubbard owned 17½ per cent. Helen M. Moore owned 2 2/10 per cent E. O. Byrd owned 2 8/10 per cent...
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