GOODMAN, District Judge.
By this action the plaintiff, a mining engineer, seeks the refund of additional Federal income taxes and interest, aggregating $58,691.56, assessed against and paid by him for the calendar years 1936, 1937 and 1938. The amounts here sought to be recovered were assessed by the Commissioner of Internal Revenue because the plaintiff and his wife divided plaintiff's income for the years in question and filed separate returns; whereas, the Commissioner...
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