OPINION.
SMITH, Judge:
This proceeding involves an income tax deficiency for 1940 in the amount of $38,551.12. The only question in issue is whether petitioner is entitled to deduct fees of $50,000 which she paid to a firm of attorneys in 1940 for representing her in an appeal to the Supreme Court of Pennsylvania against a ruling of the Orphans' Court disqualifying her as coexecutor of her deceased husband's estate.
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