WILBUR, Circuit Judge.
This is a petition by the Commissioner to review the action of the Board of Tax Appeals in reference to the claim of respondent, Death Valley Railroad Company, for a deduction of its losses during the fiscal year ending September 30, 1921, from its net income for the calendar year beginning January 1, 1923.
The Board of Tax Appeals found that the loss of the respondent for the fiscal year beginning September 30, 1920, and ending September...
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