KENNEDY, District Judge.
The plaintiff sues for a refund of taxes said to have been erroneously paid by the Estate of Raymond Lupia, the amount being $2,039.52. The calendar year 1945 is involved. Lupia was killed in action on Leyte on January 7, 1945. He was a member of the Metro Coat & Suit Co., a partnership, which filed its tax returns on the basis of a fiscal year in this case ending June 30, 1945. For that year (calendar 1945) Lupia was entitled to $7,916...
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