SIMONS, Circuit Judge.
The suit below was brought by the appellee corporation to recover refund of taxes and interest paid for the calendar years 1922 and 1923, which were assessed by the Commissioner of Internal Revenue under section 220, of the Revenue Act of 1921, 42 Stat. 247. From a judgment for the appellee entered by the court upon findings of fact and conclusions of law (trial by jury having been waived by stipulation), the government appeals.
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