KIRKPATRICK, District Judge.
This is an action at law for the recovery of an alleged overpayment of income tax for the year 1918 amounting to $17,996.28. By written stipulation trial by jury was waived and the case tried to the court. The following are all the facts essential to the decision of the case:
During the year 1918 the plaintiff was one of two principal stockholders of a corporation called "Sherritt & Stoer Co." In 1919 the company filed its...
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