L. HAND, Circuit Judge.
The Commissioner appeals from an order of the Tax Court expunging a deficiency assessed against the taxpayer for the year 1936 under § 14(b) of the Revenue Law of that year, 26 U.S.C.A.Int. Rev.Acts, page 823. The single question is whether in computing its "undistributed net income" under § 14(a) (2) for the year in question the taxpayer can properly deduct certain sums under § 26(c) (2), 26 U.S.C.A.Int.Rev.Acts, page 836, on...
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