DOOLEY, District Judge.
This suit is for the recovery of excess profits tax and interest alleged to have been erroneously and illegally assessed against and collected from the plaintiff Don McMillian, Inc., under the laws of the United States, for the fiscal years ended October 31, 1951 and October 31, 1952. The plaintiff contends for the favored tax ceiling treatment of a "new" corporation under the terms of § 501 of the Revenue Act of 1951, particularly that...
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