DECISION AND ORDER
WARREN, District Judge.
I. STATEMENT OF CASE
This is an action under 28 U.S.C. § 1346(a)(1) wherein plaintiff, a machine tool company, seeks a refund with respect to assessments made by the Internal Revenue Service against the plaintiff for allegedly unreasonable accumulation of earnings and profits. The IRS assessed penalty taxes of $96,022 for plaintiff's fiscal year ending September 30, 1976, and $141,562.20
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