BORAH, District Judge.
This is an action for the recovery of $445 paid as income taxes for the year 1945.
The sole question here presented is whether the $2116.67 received by Charles D. Marshall under the provisions of the Naval Aviation Cadet Act of 1942, 34 U.S. C.A. § 850a et seq., is excluded from gross income, as mustering-out pay, under Section 22(b) (14) of the Internal Revenue Code, 26 U.S.C.A.Int.Rev.Code, § 22(b) (14).
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