JOHNSON, Circuit Judge:
This is a civil action for recovery of excise taxes assessed and collected by the Internal Revenue Service (IRS) from the Zemurray Foundation (Foundation) for calendar year 1974. On March 31, 1978, the IRS assessed an excise tax deficiency of $112,317 plus interest against the Foundation for sale of an undivided one-half interest in timberland. The district court,
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