PHILLIPS, Circuit Judge.
This action was brought by the United States to recover $18,427.32 alleged to have been erroneously refunded to defendant, with interest thereon from January 11, 1932. In the complaint, which was filed November 9, 1933, these facts were alleged:
On March 12, 1929, the defendant filed his income tax return for the calendar year 1928, showing a taxable net income of $101,747.75 and a tax liability of $16,129.49; a tax in that amount...
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