ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AS TO COUNT ONE
BOOTLE, Chief Judge:
This is a suit in two counts under 28 U.S.C.A. § 1346(a) (1) to recover income taxes and interest. Defendant's motion for summary judgment (and this memorandum) relates only to Count One. Under Count One the problem which must be considered and resolved is whether the Commissioner of Internal Revenue properly determined that plaintiff was not entitled to compute...
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