Opinion · Court of Appeals for the Fifth Circuit
Pettit v. Commissioner of Internal Revenue
175 F.2d 195
- Type
- Opinion
- Court
- Court of Appeals for the Fifth Circuit
- Jurisdiction
- Federal
- Date
- 1949-06-03
- Topic
- general
PER CURIAM. The taxpayers, having in 1931 bought an orange grove in California, and having operated it at a loss (except for one year) sold the land and equipment constituting the business plant in 1942 at a loss of $27,023. The Commissioner allowed $4,-264 of this loss to be carried back to eliminate the net income in 1941, and refunded the tax for 1941. Taxpayers sought in 1943 to carry forward the remaining $22,-759 of the 1942 loss as a deduction in 1943, claiming it to be a “net operating loss” under Internal Revenue Code, Sec. 23(s) and Sec. 122(b) (2), 26 U.S.C.A. §§ 23(s), 122 (b) (2). The Commissioner held that the loss was an ordinary loss that could not be so carried forward, and the Tax Court sustained him.
Citator
UpLaw has not yet analyzed Pettit v. Commissioner of Internal Revenue. The absence of a flag is not a finding that it is good law.
- Cited by
- 26 opinions
Petition by Milton H. Pettit and Lena Winn Pettit opposed by the Commissioner of Internal Revenue for review of decision of Tax Court of the United States (District of Florida) that petitioner was not entitled to charge a loss in sale of business against income tax owing in year following sale.
Affirmed.
L.W. Post, Ellis N. Slack, Louise Foster, Spl. Assts. to Atty. Genl., Theron L. Caudle, Asst. Attorney General, Charles Oliphant, Chief Counsel, Bur. Int. Rev., Washington, D.C., Rollin H. Transue, Spl. Atty., Bur. Int. Rev., Washington, D.C., for respondent.
Judgment is affirmed.Page 223