MEMORANDUM DECISION
COSTANTINO, District Judge.
This is an action for a refund of income taxes brought by plaintiffs Ned and Frances Miller. An audit of the Millers' joint 1957 Income Tax Return in 1966 resulted in a determination of a deficiency of $37,923.75. An assessment was made and the amount was paid in full by the Millers. On May 13, 1966 the Millers filed a claim for a refund. The case was tried to the court on April 5, 1973, decision being reserved...
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