OPINION
ALFRED T. GOODWIN, District Judge:
Plaintiff paid $77,256.72 of its 1961 and 1962 income tax under protest, and sues for a refund.
At issue is the taxpayer's right to defer recognition of a gain, under Section 1033 of the Internal Revenue Code of 1954.
Plaintiff, an Oregon corporation, operates in California through a wholly owned subsidiary, Harsh California Corporation. In 1953 Harsh California obtained a $2,474,600 loan, insured...
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