BICKS, District Judge.
Plaintiff claims to have overpaid income and excess profits taxes for its fiscal year ended June 30, 1943 by $143,069.79 and brings this suit to recover the alleged overpayment. Its right to prevail turns principally upon whether certain of its assets were acquired in a tax-free reorganization.
The Internal Revenue Code of 1939, section 710, 26 U.S.C.A. Excess Profits Taxes, § 710, imposed a tax on the "adjusted excess-profits net...
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