CARLOATE INDUSTRIES, INC. v. UNITED STATES

No. 22144.

354 F.2d 814 (1966)

CARLOATE INDUSTRIES, INC., Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

January 4, 1966.


Attorney(s) appearing for the Case

James C. Abbott, Ewers Toothaker, Ewers, Byfield & Abbott, McAllen, Tex., for appellant.

Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson, Atty., Dept. of Justice, Washington, D. C., Woodrow B. Seals, U. S. Atty., James R. Gough, Asst. U. S. Atty., Houston, Tex., Joseph Kovner, Herbert S. Kendrick, Thomas L. Stapleton, Robert L. Waters, Attys., Dept. of Justice, Washington, D. C., John H. Baumgarten, James R. Gough, Asst. U. S. Attys., Houston, Tex., for appellee.

Before TUTTLE, Chief Judge, HUTCHESON, Circuit Judge, and HUNTER, District Judge.


HUTCHESON, Circuit Judge:

This is an appeal from a judgment1 dismissing Taxpayer Carloate Industries, Inc.'s claim for refund of income taxes of $829.58 (inclusive of interest), which it alleges were overpaid for its fiscal year ending June 30, 1959.2 The refund claim involves a casualty loss deduction under Internal Revenue Code of 1954 Section 1653 and is based on a casualty loss...

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