*461OPINION.
Smith :The respondent was in error in reducing invested capital by a tentative tax in the manner indicated in the findings of fact. Appeal of L. S. Ayers & Co., 1 B. T. A. 1135..
The Commissioner correctly reduced earned surplus in each of the years by the prorated amount of the preceding year’s income and profits tax. Appeal of Russel Wheel & Foundry Co., 3 B. T. A. 1168.
Judgment will he entered on 15 days’ notice under Rule 50.