OPINION.
KERN, Judge:
The petition herein, which was filed on December 15, 1947, asks for a review of the action of respondent in denying petitioner's application for relief under section 722 of the Internal Revenue Code, claiming a refund of the amount of a deficiency in excess profits tax for 1941 assessed and paid in 1945. On February 13, 1948, the respondent moved that the petition be dismissed. Upon this motion a hearing was held and oral arguments...
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