HOOPER, Chief Judge.
The plaintiff filed suit to recover from the defendant income taxes paid by reason of a deficiency assessment which was predicated upon the assumption that the plaintiff was a dealer in real estate and the transactions involved did not constitute capital gain. The plaintiff has by the means of depositions, interrogatories, and affidavits in support of her motion, narrowed down the facts to an irreducible minimum in the court's opinion and it further...
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