DUNCAN, J.
This action was instituted by the plaintiffs in two counts under §§ 1340-1346(a) (1) Title 28 U.S.C.A. against the defendant to recover the sum of $43,043.73 with interest thereon from July 29, 1959, as a refund of income taxes alleged to have been improperly and illegally collected by the defendant for the year 1954, and the sum of $7,759.54 with interest from July 29, 1959, as a refund of income taxes alleged to have been improperly and illegally...
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