FOLLMER, District Judge.
This is an action to recover $50,390.90 paid as excess profits tax and interest for the year 1944. The sole issue is whether a dividend of $53,290 received by the taxpayer from its insurer, Metropolitan Life Insurance Company, accrued as income to the taxpayer in 1946 or 1947.
Jurisdiction is not questioned and the following facts have been stipulated.
At all pertinent times plaintiff kept its books and filed its Federal income...
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