WOLLENBERG, District Judge.
This is a suit by plaintiff taxpayer for refund of taxes paid pursuant to a deficiency notice and demand for payment by the Acting District Director, defendant herein. Jurisdiction is based upon Int.Rev.Code of 1954, § 7422, 26 U.S.C.A. § 7422, 28 U.S.C.A. § 1340 (1950), and 28 U.S.C.A. § 1346 (Supp. 1960).
Trial was had to the Court on the following stipulated facts:
Plaintiff Raphaelene Venneri Simmons...
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