LEMMON, District Judge.
Appellant brought suit in the District Court against the appellee to recover income taxes paid for the years 1943 and 1944. The appeal followed a judgment adverse to appellant.
The facts are undisputed. Appellant is the successor in interest to the Arizona Power Corporation, referred to herein as the Prescott Company, pursuant to a consolidation effected in 1945. The Prescott Company was a public utility concern engaged in the sale...
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