TUTTLE, Chief Judge.
This is an appeal from a judgment of the trial court, sitting without a jury, dismissing appellant-taxpayer's suit for refund of estate taxes on the ground that a prior suit for refund ending in a judgment for the taxpayer was res judicata of the issues involved in the present case.
The facts are not in dispute, having been fully stipulated by the parties. These facts are that the decedent died on April 22, 1953, and his wife subsequently...
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