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MARCELLO v. COMMISSIONER OF INTERNAL REVENUE

No. 27511 Summary Calendar.

414 F.2d 280 (1969)

Vincent & Sadie MARCELLO, Appellants, v. COMMISSIONER OF INTERNAL REVENUE, Appellee.

United States Court of Appeals Fifth Circuit.

August 6, 1969.

Attorney(s) appearing for the Case

deQuincy V. Sutton, Meridian, Miss., for appellants.

Johnnie M. Walters, Asst. Atty. Gen., Richard M. Hahn, Acting Chief Counsel, I. R. S., Kenneth L. Gross, William A. Friedlander, Lee A. Jackson, Attys., Tax Div., Dept. of Justice, Washington, D. C., for appellee.

Before GEWIN, GOLDBERG and DYER, Circuit Judges.

PER CURIAM:

Marcello seeks review of a decision by the Tax Court that a partnership owned by the taxpayers had incurred no net operating loss in 1948 and that therefore there were no net operating loss carryover or carryback deductions for the tax years 1946, 1947, 1949 and 1950. We affirm.1

When this case was before us previously we remanded it to the Tax Court for the sole purpose of...

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