Wolf

These cases, consolidated for trial, involve the income and victory tax of the *448 members of a partnership known as Alaska Junk Co. for the years 1942-43. The partnership had delivered $202,000 plus worth of goods to Oregon Electric Steel Rolling Mills, a corporation, owned by the four partners, and a fifth party. Oregon Electric failed with’but paying the amounts charged to it on Alaska’s books as an account receivable. The amount was written off as a bad debt loss, but this was disallowed by the Commissioner who also attacked the returns of the separate partners on the ground that it was not a bona fide partnership. The Board of Tax Appeals on petition for re-determination upheld the validity of the partnership but sustained the Commissioner in disallowing the bad debt loss on the ground that the delivery of goods to Oregon Electric was not a sale but a capital contribution. The decision of the Tax Court, 13 T.C. 43 , was affirmed per curiam by this court, 183 F.2d 70 , and certiorari was denied. 340 U.S. 911 , 71 S.Ct. 291 , 95 L.Ed. 658 . After computation of the deficiency resulting from the Tax Court’s decision pursuant to Tax Court Rules, Rule 50, 26 U.S.C.A. (I.R.C.…