DAVIS, Circuit Judge.
The question at issue here is whether or not there was a deficiency in the respondent's income tax for 1932.
On August 4, 1934, the commissioner, by a so-called 90 day letter, notified W. F. Trimble & Sons Company, respondent, that there was a deficiency of $5,921.64 in its income tax for 1932. This deficiency, the commissioner says, consisted of an underpayment of $3,947.76 and a penalty of $1,973.88. The respondent thereupon petitioned...
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