SIBLEY, Circuit Judge.
The taxpayer in his returns for the calendar year 1924 showed a capital net loss, but a large ordinary net income. Part of the latter was due to his share in the profits of a partnership which had a fiscal year ending in June, 1924. A part of the partnership profits was therefore attributable to business done in 1923, and by section 207 (b) of the Revenue Act of 1924 (26 USCA § 938 (b) should have tax rates of 1923 applied to it in computing...
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