McLELLAN, District Judge.
This action for the recovery of income taxes hinges upon a transaction of March 5, 1930, when the plaintiff's testatrix exchanged 36 shares of common and 2,500 shares of preferred stock of Massachusetts Utilities Associates for 3,768 shares of International Hydro-Electric System, under the circumstances and subject to the conditions or obligations hereafter stated.
The petition or complaint contains two counts. The first count proceeds...
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