Decision
HILL, Judge:
On May 28, 1947, a hearing was had herein in connection with a recomputation under Rule 50 based on our Memorandum Findings of Fact and Opinion entered January 22, 1947 [6 TCM 41, Dec. 15,581(M)].
The parties hereto were agreed in their recomputations on the fact of a deficiency and the amount thereof in excess profits tax for the year 1940, but were in disagreement as to whether petitioner was entitled to a decision for overpayment...
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