The Commissioner disallowed claims of the petitioner under section 711 (a) and (b) of the Internal Revenue Code for refund of excess profits taxes for 1940, 1942, and 1943. The issues for decision are whether or not (1) a deduction during the base year 1939 of an amount placed in a reserve for a possible loss on a surety contract should be disallowed because abnormal in class under section 711 (b) (1) (J) (i); (2), or, in the alternative, a part of the same deduction should...
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