FRIENDLY, Circuit Judge.
This appeal is by a personal holding company from an order of Judge Dawson in the Southern District of New York, dismissing its complaint in a suit for refund of a tax on undistributed personal holding company income. In determining the amount of such income, upon which severe taxes are imposed, § 545(b) (5) of the Internal Revenue Code of 1954 permits deduction of net long-term capital gains
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