JONES, District Judge.
It seems to be agreed that there is no factual difference involved in this case. The pleadings and the briefs recite the facts upon which motion for summary judgment is based. The plaintiff was disallowed the right to set off foreign taxes paid against its tax liability for the year 1932, as determined by the Commissioner. The original return filed by the taxpayer showed a very substantial net loss for the year 1932. In that return the foreign...
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