HANEY, Circuit Judge.
The facts are the same as in Perata v. Commissioner (C.C.A.)
(1) Petitioner contributed $195,000 to the syndicate and had a .1020208 per cent. interest therein.
(2) On December 20, 1928, petitioner's distribution from the syndicate manager was $68,250.
(3) Respondent determined that petitioner's share of the income of the syndicate for 1928 was $72,855.21...
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