O'NEILL, J.
The facts are not in dispute. In its annual corporation franchise tax report for the year 1960 (form F-1), Spicer Furniture Company filled in a portion of the form designated "Schedule 3. Net worth," as follows:
"1. Total issued and outstanding stock (include treasury stock) and membership fees..... $ 25,000.00 2. Surplus (earned—paid in—capital) undivided...
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