Respondent determined a deficiency in petitioner's surtax on undistributed profits for the year 1936, in the amount of $28,798.69, because of his disallowance of a credit claimed by petitioner under section 26 (c) (1) of the Revenue Act of 1936 on account of a certain contract restricting the payment of dividends. Deficiencies were also determined in petitioner's normal income tax for the years 1935 and 1936, but these are not in dispute.
FINDINGS OF FACT.
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