JERTBERG, Circuit Judge:
Before us is an appeal by Frances T. Hong, plaintiff below and appellant here, hereinafter "Taxpayer", in an action for recovery of manufacturers' excise taxes alleged to have been overpaid for the years 1955-60, inclusive. The taxes in question were assessed against, and paid by, taxpayer doing business as Musical Sales Company, on the determination by the Commissioner that some of the uli-ulis manufactured by taxpayer were "musical instruments...
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