STRUM, District Judge.
Plaintiff, E. A. Dawes, sues to recover an additional income tax payment of $11,200.75, with interest, which he alleges was illegally assessed against him for the taxpayers' fiscal year ending October 31, 1940, refund of which has been demanded and refused.
The controversy turns upon whether or not plaintiff's business, known as Dawes Silica Mining Company, was individually owned by him, or was a partnership owned by himself and his...
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