MEMORANDUM OF DECISION
HANCOCK, District Judge.
This action to recover $37,017.54 in income taxes paid for the year 1971 came to be heard at pretrial conference on November 5, 1976, at which time both counsel agreed that the facts of this case were not in dispute, the only question before the court was one of law, and a stipulation of facts by the parties and summary judgment by the court was appropriate. The parties filed a stipulation of facts on February...
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