JOYCE, District Judge.
This is an action for recovery of $5,760.81 representing deficiency income and declared value excess profits taxes and interest paid by the taxpayer for the calendar year 1940.
Excelsior Baking Company, plaintiff herein, is a Minnesota corporation engaged in the bakery business. In 1940, the Company was owned by a Mr. Fewell and John Tappan, Sr. who, together with John Tappan, Jr. and a Mr. Lee, comprised the board of directors. At this...
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