B & L FARMS CO. v. UNITED STATES

Civ. No. 63-323.

238 F.Supp. 407 (1965)

B & L FARMS CO. and May Spach, Edwin L. Hubbard and John Nicholas, as Trustees in Bankruptcy for B & L Farms, Co., Plaintiffs, v. The UNITED STATES of America, and Laurie W. Tomlinson, Defendants.

United States District Court S. D. Florida, Miami Division.

On Rehearing February 19, 1965.


Attorney(s) appearing for the Case

Edwin L. Hubbard, Coral Gables, Fla., W. G. Ward, Miami, Fla., for plaintiffs.

Wm. A. Meadows, Jr., U. S. Atty., Lavinia L. Redd, Asst. U. S. Atty., Miami, Fla., for defendants.


FULTON, District Judge.

This is a tax refund suit whereby the plaintiffs seek to recover income taxes in the amount of $162,538.73, which were paid for the taxpayer's fiscal year ending July 31, 1956.

Plaintiffs contend that the taxpayer suffered a net operating loss for the fiscal year ending July 31, 1959, which loss was sufficient in amount to justify the claimed refund. Plaintiffs rely on the "carry-back" provisions of Section 172 of the Internal Revenue...

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