MORTON, Circuit Judge.
This is an action at law to recover income taxes assessed and paid for the year 1930 under the Revenue Act of 1928 (45 Stat. 791). The District Judge gave judgment for the defendant. He has stated the facts, and the question is whether on such facts the defendant was entitled to judgment.
The Revenue Act of 1928 levied "upon the net income of every corporation, a tax of 12 per centum"; it exempted certain corporations from the tax, the...
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