HARRIS, District Judge.
Plaintiffs, husband and wife, seek to recover money paid to defendant for income taxes due in 1946. The issue of the case arises out of a real estate transaction. Plaintiffs acquired a 19½ acre tract of unimproved land in Atherton in 1939, in exchange for their Palo Alto residence. Commencing in 1945 and concluding in 1946, plaintiffs sold the unimproved Atherton property. Plaintiffs contend that the profits realized from the sale of the...
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