MADDEN, Judge.
The plaintiff sues for the refund of $128,249.99, a part of the income and excess profits taxes collected from it for the year 1945. It says that the part of its income on which the taxes in question were assessed was not ordinary income but was capital gain, not subject to the excess profits tax, and subject to a lower rate of income tax than that applicable to ordinary income.
The plaintiff was, in 1936 and theretofore, an operating electric...
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