MARIS, District Judge.
This is a suit against the former acting Collector of Internal Revenue at Philadelphia to recover income tax alleged to have been unlawfully exacted for the calendar year 1932. The parties waived a jury trial. From the evidence I make the following special findings of fact:
In his income tax return for the calendar year 1932, plaintiff reported a capital net loss in the amount of $18,263. $16,513 of that amount represented a loss claimed...
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