L. HAND, Circuit Judge.
The defendant appeals from a judgment against him in an action to recover a deficiency in income tax assessed against him on November 22, 1930. The action was not begun until February 10, 1939, more than eight years afterwards, and, as the period within which to sue is limited to six years (§ 276(c) of the Revenue Act of 1928, 26 U.S.C.A. Int.Rev.Code, § 276(c), it was barred unless the agreed facts tolled the statute of limitations...
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