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HOME CONSTRUCTION CORP. OF AMERICA v. UNITED STATES

Civ. A. No. 4802-67.

311 F.Supp. 830 (1969)

HOME CONSTRUCTION CORPORATION OF AMERICA, a Corporation, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, S. D. Alabama.

Judgment December 24, 1969.

Attorney(s) appearing for the Case

Sid Williams and Jack Warren, Attys., Tax Division, Department of Justice, Washington, D. C., Irwin W. Coleman, Jr., Asst. U. S. Atty. S. D. Alabama, Mobile, Ala., for appellant.

Charles B. Bailey, Jr. and J. Jeptha Hill, Robert P. Denniston, Mobile, Ala., for appellee.

OPINION

DANIEL HOLCOMBE THOMAS, District Judge.

Type Case and Issue

This is an action for the recovery of federal income taxes brought in accordance with Title 28, U.S.Code, Sec. 1346(a) (1), and there are no jurisdictional defects. The plaintiff corporation sustained tax losses for its fiscal tax years ending in 1963 and 1964 and it seeks in this action to carry these losses back as net operating loss carrybacks to be taken as deductions...

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