MARIS, District Judge.
This is a suit by the trustees under the will of Edward B. Smith, deceased, against the United States to recover income taxes alleged to have been erroneously paid for the years 1924 and 1925. From the evidence I make the following special findings of fact:
Edward B. Smith died January 7, 1918, leaving a will by the eighth article of which he directed that one-half of his residuary estate be held in trust and that the net income thereof...
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