HARPER, District Judge.
The plaintiff seeks to recover $162,515.13 income and declared value excess profit taxes for the period ending April 30, 1944, plus interest from April 15, 1947, paid by plaintiff as Executor of the Estate of Herman J. Sternberg, deceased, and as transferee of Central State Collieries, Inc. The first question presented is whether the sale was made by the corporation or by the executor. If, as the Government contends, the sale was in fact made...
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