This case involves declared value excess-profits taxes and excess profits taxes for the calendar year 1945. Deficiencies therein were determined in the respective amounts of $845.18 and $33,697.55. The only question presented is whether the Commissioner erred in denying deduction of $44,035.10 as expense of business which in turn depends upon whether the amount of a judgment is deductible in 1945, as contended by petitioner, or 1946 when it was affirmed and paid.
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