DAWSON, District Judge.
This is an action by a taxpayer for refunds aggregating $23,597.51 asserted to have been wrongfully assessed and collected for the calendar years 1958 and 1959. The defendant moves for summary judgment, under Rule 56 of the Rules of Civil Procedure, dismissing the complaint.
There are no controverted issues of fact which would prevent a disposition of the motion. The parties agree to the following facts:
The taxpayer acquired...
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