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MELLOTT v. UNITED STATES

No. 12452.

257 F.2d 798 (1958)

Amy C. MELLOTT, Paul C. Mellott and Forrest R. Mellott, a Minor, and Kay Virginia Mellott, a Minor, by their guardian The Valley National Bank of Chambersburg, Appellant, v. UNITED STATES of America.

United States Court of Appeals Third Circuit.

Decided July 2, 1958.

Rehearing Denied July 21, 1958.

Certiorari Denied October 20, 1958.

Attorney(s) appearing for the Case

Henry D. O'Connor, Philadelphia, Pa., for appellants.

George W. Beatty, Washington, D. C. (Harold K. Wood, U. S. Atty., Philadelphia, Pa., Charles K. Rice, Asst. Atty. Gen., Lee A. Jackson, I. Henry Kutz, Karl Schmeidler, Attys., Dept. of Justice, Washington, D. C., on the brief), for the United States.

Before KALODNER and HASTIE, Circuit Judges, and LAYTON, District Judge.

Certiorari Denied October 20, 1958. See 79 S.Ct. 96.

KALODNER, Circuit Judge.

Can the heirs of an estate, in computing their individual income taxes, assert the benefits of a carry-back of a net operating loss available to the estate under the Internal Revenue Code of 1939? Otherwise stated, is a decedent's estate a taxable entity separate and distinct from its heirs?

The issue is presented by this appeal from judgment of the District Court for the...

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