SYMES, District Judge.
In this case the plaintiff, the American National Bank of Denver, has sued the Collector of Internal Revenue for this district to recover $5,728.50, the amount claimed for an overassessment of the plaintiff's income tax return for the calendar year 1938, the Commissioner having that year increased the net taxable income of the plaintiff to $103,491.84, and having assessed a deficiency income tax in the sum of $5,632.22, the amount sought to...
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