PATTERSON, District Judge.
The action is one at law to recover an alleged overpayment of income tax for 1919. A jury was waived.
The plaintiff filed his return for 1919 in due course, showing a tax liability of $76,352.89, which amount he paid. Later proceedings between the Commissioner and the plaintiff resulted in the finding of a deficiency of $95,115.52 by the Board of Tax Appeals, and the decision of the Board was affirmed by the Circuit Court of Appeals...
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