SMITH, District Judge.
This is an action brought by the plaintiff taxpayer to recover the sum of $1,724.36 paid by the plaintiff on July 19, 1944 to the Collector of Internal Revenue, 3rd District of New York, as a documentary stamp tax under Sec. 1801, Internal Revenue Code, 26 U.S.C.A. Int.Rev. Code, § 1801, upon a modification agreement of 1944 between the plaintiff obligor and a New York corporation obligee on a bond and mortgage dated and issued in 1935...
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