This proceeding involves income tax liability for the taxable year 1939. The petitioner seeks a redetermination of a deficiency asserted by the Commissioner in the amount of $19,000. The question before us is whether the sum of $100,000 paid by the petitioner in the taxable year 1939 to the State of Texas in satisfaction of the state's claim for penalties by reason of alleged violations of the Texas antitrust laws,
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