LYNNE, Chief Judge.
This action for recovery of a refund of income taxes for the calendar years 1959 and 1960 was submitted for judgment of the court, without the intervention of a jury, upon the pleadings, the order on pretrial hearing, the stipulation of facts filed herein, and evidence adduced upon the trial.
The facts, as stipulated by the parties and found by the court to be true, are set out in the margin.
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