HUTCHESON, Chief Judge.
Brought to recover $1962.75 and interest, demanded and exacted of it as additional excess profits tax for the calendar year 1944, the suit resulted in a judgment for the taxpayer, and the collector appealed.
The only question presented for our answer is whether in adjusting the taxpayer's excess profits credit for 1944, under the invested capital method, the Commissioner had the right to exclude from "Borrowed invested capital", under...
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