THOMAS, Circuit Judge.
Robert Hughes & Co., Inc., a Missouri corporation, has petitioned for a review of an order of the Board of Tax Appeals redetermining a deficiency of $342.18 in surtax and a penalty of $85.55 for delay in making a return. The tax was imposed for the year 1934 under section 351 of the Revenue Act of 1934, 26 U.S.C.A. § 331, and the penalty is prescribed by section 291 of the Act.
Section 351 of the statute provides:
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