DOBIE, Circuit Judge.
Plaintiffs instituted a civil action in the United States District Court for the Middle District of North Carolina to recover income and excess profits taxes for the year 1941, paid under protest and alleged to have been illegally assessed and illegally collected. The District Judge, sitting without a jury, decided the case in favor of the plaintiffs and the defendant has duly appealed.
There is practically no dispute as to the basic...
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