HOPKINS, District Judge.
The action is one to recover back, income taxes in the sum of $84,103.90, alleged to have been illegally collected from the plaintiff for the calendar year 1926. A jury was waived and the case tried to the court. The question being, "what is the correct basis to be used in computing the allowance for depletion or depreciation sustained by the plaintiff company on certain oil properties acquired by it in the taking over of another company?...
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