OPINION
TALBOT SMITH, District Judge.
The plaintiff timely filed a federal income tax return for the year 1955 and paid the tax shown due on its return in the amount of $108,131.29. In determining its taxable income on that return the plaintiff deducted as "Royalty on Machines" a payment in the amount of $55,872.18 to S and G Manufacturing Company, Inc. Upon an audit of that return, the Commissioner of Internal Revenue determined that $40,872.18 of the deduction...
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