FRANK, Circuit Judge.
We assume, arguendo and without so deciding, that the taxpayer was liable to Metropolitan for the $25,000 which it paid to Metropolitan in 1938, and that, even if there was no liability, that amount was one of "the ordinary and necessary expenses * * * incurred" by the taxpayer within the meaning of 26 U.S.C.A. Int.Rev.Code § 23. For, even if we do so assume, still the taxpayer cannot win.
Under 26 U.S.C.A.Int.Rev. Code, § 43...
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