HULBERT, District Judge.
This action at law was brought to recover $216,469.05 balance of overpayment of income and profits taxes for the calendar year 1917 as determined by the Commissioner of Internal Revenue and credited Sept. 14, 1925, to a tax deficiency for 1919 (collection of which was then barred) as shown in his certificate of overassessment issued to the plaintiff on or about Oct. 14th, 1925.
The case was tried before the Court without a jury.
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