STRUM, District Judge.
The plaintiff-taxpayer sues to recover additional assessments levied against it by the Commissioner for the years 1941 and 1942, aggregating with interest $19,089.44, which were paid under protest. The determinative question is whether or not, for the purpose of determining gain or loss from a sale of land in 1941, under sec. 113 of the Internal Revenue Code, 26 U.S.C.A. Int.Rev.Code, § 113, and also for determining the taxpayer's equity...
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