WOODROUGH, Circuit Judge.
This action was brought by Henry A. Kraftmeyer in his lifetime to recover amounts paid by him on account of 50 percent fraud penalties that he claimed were wrongfully assessed against him in respect to deficiencies in his income taxes. On the trial to the court without a jury there was judgment of dismissal at the costs of the plaintiff and he appealed. He died on January 24, 1953, and the administrator of his estate has been substituted...
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