PASTERNAK v. UNITED STATES

No. 25-55.

181 F.Supp. 683 (1960)

Joseph PASTERNAK v. UNITED STATES.

United States Court of Claims.

March 2, 1960.


Attorney(s) appearing for the Case

Harry L. Brown, Washington, D. C., for plaintiff. Alvord & Alvord, Washington, D. C., were on the briefs.

Benjamin H. Pester, Washington, D. C., with whom was Acting Atty. Gen., Howard A. Heffron, for defendant. James P. Garland and Lyle M. Turner, Washington, D. C., were on the brief.


MADDEN, Judge.

The plaintiff sues for a refund of income tax paid by him for the year 1941. He claims that he should have been allowed a war loss deduction for that year, which deduction, if it had been allowed, would have greatly reduced his taxable income, and his tax. He was, in fact, allowed a war loss deduction but it was allocated to the year 1942, and therefore, because of the Current Tax Payment Act of 1943, 57 Stat. 126, 26 U.S.C. § 1621, and also apparently...

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