SILVER BRAND CLOTHES, INC. v. UNITED STATES

No. 76-1302.

544 F.2d 749 (1976)

SILVER BRAND CLOTHES, INC., Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided November 19, 1976.


Attorney(s) appearing for the Case

Stanley Goodman, Cincinnati, Ohio (Goodman & Goodman Co., L. P. A., Cincinnati, Ohio, on brief), for appellant.

David English Carmack, Atty., Tax Div., Dept. of Justice, Washington, D. C. (Scott P. Crampton, Asst. Atty. Gen., Gilbert E. Andrews, Jr., and Grant W. Wiprud, Attys., Tax Div., Dept. of Justice, Washington, D. C., John A. Field, III, U. S. Atty., Charleston, W. Va., on brief), for appellee.

Before WINTER, CRAVEN and BUTZNER, Circuit Judges.


PER CURIAM:

Taxpayer sought a refund of income taxes for the fiscal years ending 1967, 1968, and 1969. The refund claim was based upon a business loss, alleged to have occurred in 1964 and carried forward to the tax years in question. The loss was previously disallowed by the Tax Court in dealing with fiscal years 1965 and 1966. Silver Brand Clothes, Inc. v. Commissioner, 31 T.C.M. 250 (1972). Based upon the Tax Court's decision, the district court concluded...

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