ROCHE, District Judge.
This is a suit for refund of income taxes plus interest, assessed against plaintiff for the year 1932 and paid under protest in 1937. The assessment pertained to a real estate transaction in which plaintiff repossessed itself of property situated on the Oakland Estuary.
In 1926 plaintiff sold a piece of property under an installment-sale contract, putting the purchaser in immediate possession and retaining title as security for the unpaid...
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