United States Court of Claims May 29, 1933, No. M-53 (Texas & P. Ry. Co. v. United States)

LITTLETON, Judge.

The question presented in this case is the same as that decided in Denver Rock Drill Mfg. Co. v. United States, 59 F.(2d) 834, 75 Ct. Cl. 475, in which we held that where there was no exeess profits tax payable in a year subsequent to a taxable year in which the taxpayer failed to take adequate deductions from income there was no decrease in invested capital within the meaning