GARRECHT, Circuit Judge.
This matter is before us on petition of the taxpayer to review a decision of the United States Board of Tax Appeals adjudging deficiences in income tax for the years 1935, 1936, and 1937. 43 B.T.A. 517. The facts, found by the Board, are substantially as follows:
Petitioner, a California corporation with its principal office in San Francisco, is the owner of mining property in the state
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