McDONALD v. LUCKETT


307 S.W.2d 924 (1957)

Donald McDONALD, Appellant, v. James E. LUCKETT, Commissioner of Revenue, et al., Appellees.

Court of Appeals of Kentucky.

December 13, 1957.


Attorney(s) appearing for the Case

Louis Seelbach, Middleton, Seelbach, Wolford, Willis & Cochran, Louisville, for appellant.

Jo M. Ferguson, Atty. Gen., Bradford T. Garrison, Asst. Atty. Gen., for appellees.


CLAY, Commissioner.

We have before us an income tax question. The circuit court dismissed an appeal from an order of the Kentucky Tax Commission directing the payment of approximately $400 additional tax on the taxpayer's 1954 income.

In 1951 the taxpayer sustained a substantial loss from the sale of capital assets. Under the federal income tax law a part of that loss could be off-set against capital gains for that year, and the unused portion of the capital...

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