Foster Lumber Company, Inc. v. United States

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 recom-putation 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 recomputation of taxpayer’s 1966 tax liability. The district court sustained the taxpayer’s refund claim, and IRS brought this…