MILLER, District Judge.
Sidney L. Hellman filed this action against the Collector of Internal Revenue to recover $2,565.31 with interest as additional income tax for the year 1935 assessed by the Commissioner of Internal Revenue and paid under protest. The action was timely filed after application for refund was denied. Hellman has died during the pendency of the action and it has been revived in the name of Clarence Hellman, executor of the estate of Sidney L. Hellman...
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