FORD, District Judge.
This taxpayer is a small loans company incorporated under a special Massachusetts statute. It paid for the taxable year 1937 a "personal holding company" surtax, Section 351, Revenue Act of 1936, c. 690, 49 Stat. 1648, as amended by Section 1 of the Revenue Act of 1937, c. 815, 50 Stat. 813, 26 U.S.C.A. Int.Rev.Acts, page 973,
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