PIERCE, Judge:
The respondent determined deficiencies in income tax against the above-named petitioner for its fiscal years ended October 31, 1957 and 1958, in the amounts of $81,751.01 and $25,944.69, respectively.
The sole issue for decision is whether the petitioner is subject to the surtax imposed by section 531 of the 1954 Code, on the ground that it was availed of during each of its said fiscal years for the purpose of avoiding the income tax...
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