CASTLE, Circuit Judge.
L. S. Ayres and Company, plaintiff-appellant, hereinafter referred to as taxpayer, filed suit in the District Court against the United States for the recovery of certain alleged overpayments of income tax, excess profits tax and declared value excess profits tax for the taxpayer's fiscal years ending January 31, 1945 and 1946. Taxpayer predicates its right to recover on its assertion that it made valid and timely election under Section 22(d...
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