GREEN, Judge.
The controversy in this case is with reference to a dividend declared by the plaintiff and entered upon its books to the credit of one D. J. Kennedy, under the heading "Dividends payable, D. J. Kennedy," but not actually paid during the taxable years in question. The plaintiff claims that, as the money was used in the business, it was a part of the surplus or undivided profits of the company. The defendant, on the other hand, insists that it represented...
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