COTTERAL, Circuit Judge.
The Commissioner of Internal Revenue determined there was a deficiency of $121,239.08, in the return made by the Midland Valley Railroad of income and profits tax for the calendar year 1920. A redetermination was sought by the company before the Board of Tax Appeals, which decided the deficiency was $23,333.66. The Commissioner has filed a petition for review of that decision.
The Commissioner found the deficiency arose by taxing the...
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