Oviatt's

This appeal, is from a decision of the Board of Tax Appeals disallowing a credit of $47,127.61 claimed by petitioner herein, a California corporation with its principal office in Los Angeles, California, against its net taxable income on which a deficiency surtax on undistributed profits for the fiscal year ending January 31, 1937, was assessed by the Commissioner in the amount of $5,802.22, under the provisions of Section 26(c) of the Revenue Act of 1936. Act of June 22, 1936, c. 690, § 26, 49 Stat. 1664 , 26 U.S.C.A. Int.Rev.Acts, page 836.

It appears that the petition before the Board sought relief under Section 26 (c), and that the Board’s decision centered on subdivision (2) thereof. Petitioner *353 moved to file a Motion for Rehearing, but the 30 day period allowed by Rule 19 of Rules of Practice of the Board, 26 U.S.C.. A.- Int.Rev.Code following section 5011, had expired before the motion was made. Grounds of the , motion were that the Board should have decided whether or not petitioner was entitled to a credit under subdivision (1) of Section 26(c) of the 1936 Revenue Act as well as subdivision (2). Petitioner also offered to adduce some additional facts before the Board…