OPINION.
TYSON, Judge:
The Commissioner determined deficiencies of $5,771.37 in income tax and $1,425.67 in excess profits tax for the calendar year 1940. The deficiencies are due to the disallowance of $24,047.36 of the amount claimed by the petitioner as a deduction for percentage depletion.
All of the facts have been stipulated and the stipulation of facts and attached exhibits are hereby adopted as our findings of fact.
The petitioner...
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