SORG, District Judge.
This is an action against the United States for the recovery of excess profits tax, and interest thereon, paid by plaintiff for the year 1950. The facts are stipulated by the parties and are hereby adopted by the Court.
In connection with filing its income tax return for 1950, plaintiff made application under Section 447(e) of the Internal Revenue Code of 1939 for the benefits of Section 446 in computing its excess profits tax credit...
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