Respondent determined a deficiency in petitioner's income tax for the year 1937 in the amount of $29,693.03; and petitioner seeks a redetermination thereof and also a determination that petitioner has overpaid his income tax for that year in the amount of $35,721.41. Only one question is raised on brief, whether a member of a partnership is entitled to apply as an offset to his personal capital gains his distributive
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