LING, District Judge.
This is a petition by the Commissioner of Internal Revenue for review of a decision of the Tax Court which failed to sustain his determination of certain deficiencies in the respondent's excess profits taxes for the years 1941 and 1942. The facts are not in dispute.
The legal questions arise under former Section 719(a) (1) of the Internal Revenue Code, 26 U.S.C.A. § 719, which in pertinent part, is that "borrowed capital * * * [is...
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