COMMISSIONER OF INTERNAL REV. v. BIRCH RANCH & OIL CO.

No. 12639.

192 F.2d 924 (1951)

COMMISSIONER OF INTERNAL REVENUE v. BIRCH RANCH & OIL CO.

United States Court of Appeals Ninth Circuit.

November 19, 1951.


Attorney(s) appearing for the Case

Theron Lamar Caudle, Asst. Atty. Gen., Ellis N. Slack, A. F. Prescott, Melva M. Graney and Irving Axelrad, Sp. Assts. to Atty. Gen., for petitioner.

George Acret, Los Angeles, Cal., for respondent.

Before BONE and POPE, Circuit Judges, and FEE, District Judge.


POPE, Circuit Judge.

The Tax Court held that the respondent taxpayer-corporation was entitled to deduct payments made by it to a California reclamation district, upon assessment calls for sums required for district bond interest charges, and thus compute a net operating loss for fiscal year 1944. If such loss existed, it is conceded that it may constitute a carry-back deduction for fiscal 1942, the year for which a deficiency had been determined by the Commissioner...

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