GREEN, Judge.
This suit is to recover the amount of excess profits tax paid for the year 1935. There is no dispute as to the facts in the case, and the sole issue presented is whether when the taxpayer has declared the value of its capital stock, pursuant to section 701 of the Revenue Act of 1934, 26 U.S.C.A. Int.Rev.Acts, page 787, such value must be used as the basis of excess profits taxes for a subsequent year, notwithstanding it is established that the real value...
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