HUTCHESON, Circuit Judge.
This petition for review, while vigorously argued by the commissioner, seems on the record before us to have little of substance in it. If the judgment is right and should be affirmed, the taxpayer will pay no tax. Neither apparently will he if it is wrong. For the commissioner concedes that if his position, that the dividend, for which taxpayer claims a dividends paid credit, in part effected a deficit in surplus and, therefore, constituted...
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