DECISION and ORDER
MYRON L. GORDON, District Judge.
The plaintiffs seek to recover certain taxes paid to the United States and also to abate an additional assessment; the defendant has counter-claimed to recover the unpaid balance of such assessment.
The action was tried to the court, sitting without a jury, on June 1, 1970. Post-trial briefs have been submitted by both sides.
The tax involved is a 100% penalty which was assessed by the government...
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