SWAN, Circuit Judge.
The taxpayer is a New York corporation engaged in the building construction business. For the year 1928 the Commissioner disallowed a deduction claimed by the taxpayer, and assessed a deficiency tax. Had the deduction been allowed, the taxpayer would have sustained a net loss for 1928 which could have been deducted in computing the net income for 1929; consequently the tax for that year was also affected. Upon the taxpayer's appeal to the
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