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ALLIED CENTRAL STORES, INC. v. C. I. R.

No. 98, Docket 29029.

339 F.2d 503 (1964)

ALLIED CENTRAL STORES, INC., Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Second Circuit.

Decided December 17, 1964.

Attorney(s) appearing for the Case

Percy W. Phillips, Washington, D. C. (Ivins, Phillips & Barker, Washington, D. C., of counsel), for petitioner.

Norman H. Wolfe, Attorney, Department of Justice, Washington, D. C. (Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson and Gilbert E. Andrews, Attorneys, Department of Justice, of counsel), for respondent.

Before LUMBARD, Chief Judge, and HAYS and MARSHALL, Circuit Judges.

HAYS, Circuit Judge:

Petitioner owns and operates a department store in Kansas City, Missouri. In 1953 Heer's, Inc., which owned a department store in Springfield, Missouri, was merged into petitioner and in 1956 two other corporations, L. S. Donaldson Company and The Golden Rule, which together owned five department stores in Minnesota and South Dakota, were merged into petitioner.

Petitioner sought to carry over net operating losses for its fiscal years...

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