BIGGS, Circuit Judge.
The Real Estate-Land Title and Trust Company, a Pennsylvania corporation, the appellee, sued the United States in the court below for a refund of income tax. The cause of action arises out of the fact that in December, 1930, the appellee filed a claim for refund for the fiscal year ending October 31, 1928, in the sum of $153,125, alleging as the basis of its claim that it was entitled to deduct a loss due to obsolescence of a title insurance...
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