DAWSON, District Judge.
The plaintiff has moved for summary judgment pursuant to Rule 56 of the Rules of Civil Procedure, 28 U.S.C.A., seeking a dismissal of the defendant's affirmative defense.
This is an action for refund of corporate income and excess profits taxes in connection with the tax return filed by the plaintiff covering the fiscal year ended June 30, 1943. The complaint alleges that in 1950, the plaintiff paid certain income and excess profits...
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