FORD, District Judge.
Plaintiff brings this action to recover an alleged overpayment of income taxes for the year 1944, resulting from the payment of a deficiency assessed by the Commissioner on the ground that the short-term capital gain from the sale of certain real estate was properly includable in taxpayer's gross income for that year.
During 1944 plaintiff was serving in the armed forces in Europe. He had given his father, Frank Ross, a power of attorney...
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