Memorandum Opinion
SMITH, Judge:
This proceeding involves a deficiency of $33,472.23 in income tax for 1938. The only question for determination is whether petitioner was availed of during the taxable year for the purpose of preventing the imposition of the surtax upon its shareholders through the medium of permitting earnings or profits to accumulate instead of being distributed within the meaning of section 102 of the Revenue Act of 1938. Another issue...
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