PERRY, District Judge.
These are three suits, consolidated here for trial seeking to recover for federal income, declared value excess profits and excess profits taxes, for the calendar years 1942 to 1950, both inclusive that the plaintiff alleges were overpaid. The sums claimed together with statutory interest, aggregate in excess of $1,000,000. This controversy presents the question as to whether the Commissioner of Internal Revenue erred in taxing as ordinary income...
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