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IN RE ABLE ROOFING & SHEET METAL COMPANY

No. 27700.

425 F.2d 699 (1970)

In the Matter of ABLE ROOFING & SHEET METAL COMPANY. UNITED STATES of America, Appellant, v. A. Pope GORDON, Trustee, Appellee.

United States Court of Appeals, Fifth Circuit.

April 27, 1970.

Attorney(s) appearing for the Case

Ira DeMent, U. S. Atty., Montgomery, Ala., Johnnie M. Walters, Asst. Atty. Gen., Lee A. Jackson, Karl Schmeidler, Crombie J. D. Garrett, Meyer Rothwacks, Tax Division, U. S. Dept. of J., Washington, D. C., for appellant.

John B. Scott, Jr., Montgomery, Ala., for appellee.

Before JONES, BELL and GODBOLD, Circuit Judges.

JONES, Circuit Judge.

For a number of years Wilson Young and Thomas Hanna had been general partners, doing business as Able Roofing and Sheet Metal Company, in Montgomery, Alabama. They filed partnership and individual income tax returns reporting taxable income covering the years 1960 and 1961. Their partnership return for 1963, filed in 1964, showed a net loss of $57,254.63. Young and Hanna carried back this reported loss for 1963 and made a claim for refund of...

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