KENNEDY, District Judge.
This is a suit to recover certain income taxes claimed by plaintiff to have been erroneously assessed to and paid by him. Issue was joined and the case tried to the court without the intervention of a jury by stipulation. Further consideration of the basis of the claim by plaintiff will be made after a brief review of the facts.
In 1888, plaintiff, as a homesteader, became the owner of a one-half section of land in section 10, township...
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