LEMMON, Circuit Judge.
Appellant corporation sued in the court below to recover taxes, penalties and interest paid appellee assessed under Section 3469 of the Internal Revenue Code of 1939, Title 26 United States Code. The suit followed a denial by appellee of appellant's claim for refund provided by Title 28 U.S.C. § 2411.
During the month involved here, July, 1950, appellant was engaged in the business of "transportation, sightseeing and airport transportation...
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