VAN OOSTERHOUT, Circuit Judge.
The Government has taken this timely appeal from final judgment of the District Court awarding taxpayer Myra Foundation judgment for $6955.33, the amount of a deficiency in 1958 income taxes, penalty and interest assessed against and paid by the taxpayer. Timely claim for refund was filed and denied. Jurisdiction exists in the trial court under 28 U.S.C.A. § 1340. Our jurisdiction is invoked under 28 U.S.C.A. § 1292.
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