BREWSTER, District Judge.
This petition is brought to recover income and profits taxes for the year ending June 30, 1920, which, petitioner alleges, were unlawfully exacted. Claim for refund was seasonably filed. Two issues are presented:
1. Whether the petitioner, the B. F. Sturtevant Company (hereinafter called the petitioner), and the Sturtevant Aeroplane Company (a subsidiary corporation) were entitled to be taxed on the basis of their consolidated invested...
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