OPINION.
Milliken :
The sole issue is whether the three stockholders of A. Rosenberg & Co., Inc., sustained deductible losses in the year 1924 by reason of the surrender Jjy them to the corporation of certain amounts of preferred stock. Even assuming, without admitting, that the petitioners did suffer losses, we are unable to determine the amount thereof for we have no evidence of the cost to the petitioners of the stock surrendered.
Judgment will be entered for the resfondent.