KENNEDY, District Judge.
This is a suit in which the plaintiff seeks to recover income taxes in the sum of $5,119.51, with interest, paid for discharge of an income tax deficiency assessment levied against her for the year 1937. Issue was joined, and upon request of counsel the case was submitted upon a stipulation of facts and the non-controverted issues raised by the pleadings, and the case subsequently briefed and orally argued.
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