COMMONWEALTH EX REL. ALLPHIN v. BORDERS


267 S.W.2d 940 (1954)

COMMONWEALTH ex rel. ALLPHIN v. BORDERS.

Court of Appeals of Kentucky.

May 7, 1954.


Attorney(s) appearing for the Case

J. D. Buckman, Jr., Atty. Gen., William S. Riley, Joseph L. Schoepf and William E. Scent, Asst. Attys. Gen., Department of Revenue, for appellant.

Hazelrigg & Cox, Frankfort, John Hopkins, Frankfort, Rodes K. Myers, Bowling Green, for appellee.


CULLEN, Commissioner.

The question is whether, under the provisions of the state income tax law in force during the years 1946, 1947 and 1948, a taxpayer could carry over to the following year a net loss sustained during a particular tax year.

The appellee, Daskell Borders, sustained a net loss in the operation of a farm during the year 1946. In his state income tax return for the year 1947, he carried over the loss and deducted it from his 1947 income. The...

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