C. I. R. v. REISE

No. 13497.

299 F.2d 380 (1962)

COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. Elmer REISE, Respondent.

United States Court of Appeals Seventh Circuit.

February 27, 1962.


Attorney(s) appearing for the Case

Louis F. Oberdorfer, Asst. Atty. Gen., Sharon L. King, Lee A. Jackson, Harry Baum, Attys., Tax Div., U. S. Dept. of Justice, Washington, D. C., for petitioner.

Paul P. Lipton, Milwaukee, Wis., for respondent.

Before HASTINGS, Chief Judge, and DUFFY and SWYGERT, Circuit Judges.


DUFFY, Circuit Judge.

This is an appeal by the Commissioner of Internal Revenue (Commissioner) from a decision of the Tax Court holding certain items hereinafter described were deductible in computing a net operating loss carryback from 1949 to 1947 under the provisions of section 122(d) of the 1939 Revenue Code, 26 U.S.C.A. § 122(d).

From 1945 through 1949 taxpayer, operating as a sole proprietor, was engaged in business as a dealer in hides and skins...

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