NATIONAL FORGE & ORDNANCE COMPANY v. UNITED STATES

No. 132-56.

151 F.Supp. 937 (1957)

NATIONAL FORGE & ORDNANCE COMPANY v. The UNITED STATES.

United States Court of Claims.

On Motion for Reconsideration July 12, 1957.


Attorney(s) appearing for the Case

Scott P. Crampton, Washington, D. C., for plaintiff. D. F. Prince and Dwight Taylor, Washington, D. C., were on the briefs.

Elizabeth B. Davis, Washington, D. C., with whom was Asst. Atty. Gen., Charles K. Rice, for defendant. James P. Garland, Washington, D. C., was on the briefs.

Before JONES, Chief Judge, and LITTLETON, WHITAKER, MADDEN and LARAMORE, Judges.


WHITAKER, Judge.

This is an action to recover income and excess profits taxes paid for the fiscal year ending July 31, 1945.

In the fiscal year ending in 1946 the taxpayer sustained a net operating loss. Under the statute, it is permitted to carry back this net operating loss to reduce the income, first, of the second preceding taxable year, and, second, to the immediately preceding taxable year, etc. After the net operating loss has been applied against the...

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