ROBERTS, Chief Justice.
This petition to determine the correctness of a tax deficiency under the provisions of G.L. 1956, § 44-19-18, was brought by Red Fox Gingerale Company, the taxpayer, against the tax administrator of the state of Rhode Island, hereinafter referred to as the administrator. After a hearing thereon a justice of the superior court found the tax deficiency was erroneously and illegally assessed
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