DETHMERS, C.J.
The pertinent facts are accurately and succinctly stated in the opinion of the circuit judge as follows:
"The commissioner of internal revenue determined that there were deficiencies in the Federal income tax of Peter Bizanes for the taxable years 1942 through 1948. The taxpayer petitioned the tax court of the United States for a redetermination of the deficiencies as determined by the commissioner. Peter Bizanes died before a hearing was had...
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