Ewa Plantation Co. v. Commissioner

*629OPINION.

Phillips:

The decision of the first of the issues involved in this proceeding is governed by our decision in Kahuku Plantation Co., 12 B. T. A. 977. The record in the two cases is substantially the same. On the authority of the decision in that case it is held that the Commissioner erred in including in 1920 income the payments received on account of the net losses to the 1921 and 1922 crops except *630to the extent that such losses were based upon acreage neither seeded nor planted. It also appears that the Commissioner overstated the total amount received and this should be corrected in'…