FOSTER LUMBER COMPANY, INC. v. UNITED STATES

No. 73-1659.

500 F.2d 1230 (1974)

FOSTER LUMBER COMPANY, INC., Appellee, v. UNITED STATES of America, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided July 29, 1974.


Attorney(s) appearing for the Case

Donald H. Olson, Atty., Tax Div., Dept. of Justice, Washington, D. C., for appellant.

Robert J. Vancrum, Kansas City, Mo., for appellee.

Before MEHAFFY, Chief Judge, and LAY and ROSS, Circuit Judges.


MEHAFFY, Chief Judge.

This is a refund suit by the successor in interest of a Missouri corporation to recover a portion of the taxpayer's 1967 federal corporate income tax payment. The taxpayer bases its claim on a recomputation of its 1967 tax liability to include the carryback of a net operating loss it had incurred in 1968. The Internal Revenue Service disallowed taxpayer's claim on the ground that the net operating loss in question had been fully absorbed in the...

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