Legal Opinion

Pasternak v. United States

United States Court of Claims

Decided March 2, 1960No. 25-55Published

1Opinion of the CourtMaddeN, Judge

Tbe plaintiff sues for a refund of income tax paid by him for tbe year 1941. He claims that he should have been allowed a war loss deduction for that year, which deduction, if it had been allowed, would have greatly reduced his taxable income, and his tax. He was, in fact, allowed a war loss deduction but it was allocated to the year 1942, and therefore, because of the Current Tax Payment Act of 1943, 57 Stat. 126, and also apparently because his income for 1942 was smaller, his tax saving was nowhere near so large as it would have been if the deduction had been allowed for the year 1941.

The…

2Cases cited2 opinions

  1. Cohan v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1930
  2. Mayer v. United StatesUnited States Court of Claims · 1953

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