SPRINGFIELD STREET RAILWAY CO. v. UNITED STATES

No. 26-62.

312 F.2d 754 (1963)

SPRINGFIELD STREET RAILWAY COMPANY v. The UNITED STATES.

United States Court of Claims.

January 11, 1963.


Attorney(s) appearing for the Case

Charles L. Kades, New York City, for plaintiff. Charles V. O'Neill, New York City, on the briefs.

S. Laurence Shaiman, Washington, D. C., with whom was Asst. Atty. Gen., Louis F. Oberdorfer, for defendant. Edward S. Smith, Lyle M. Turner, Philip R. Miller, and Earl L. Huntington, Washington, D. C., on the briefs.


LARAMORE, Judge.

The plaintiff in this action seeks an income tax refund for the year 1954. Its claim is premised upon a 1955 net operating loss being carried back against 1954 income. The case arises upon the defendant's motion to dismiss.

The ultimate question raised before this court concerns the amount of 1955 carryback loss to be allocated between 1953 and 1954 income. The carryback loss must first be applied against 1953 income.1

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