STONE, Circuit Judge.
This is an appeal by the United States from a judgment according a tax refund based upon allowance of a credit in the computation of the surtax on undistributed profits, under Section 26(c) (1) of the Revenue Act of 1936, 26 U.S.C.A. Int.Rev. Acts, page 836, claimed by appellee in its tax return for 1936, rejected by the Commissioner and paid by appellee.
The Act provides for stated surtaxes on defined percentages of undistributed corporate...
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