DE VANE, Chief Judge.
This case is before the court on motion for summary judgment for plaintiff. The facts in the case, as disclosed by the complaint and supported by affidavits filed by plaintiff, are not in dispute. The suit is to recover taxes in the amount of $118.05 imposed on plaintiff under authority of 26 U.S.C.A. § 3469, and paid under protest.
The pleadings and evidence show that plaintiff operated a fishing boat for charter during 1951. Plaintiff...
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