Mellott v. United States

GANEY, District Judge.

This case is before us on plaintiffs’ motion and defendant’s counter motion for summary judgment in an action to recover allegedly overpaid income taxes for the year 1949. Broadly stated, the issue presented is whether the heirs of an estate may amend their 1949 individual income tax returns so as to reduce their taxable income by taking advantage of a “carry-back” of the “net operating loss” sustained by the estate in its fiscal period immediately following the one in which the net income of the estate became distributable to the heirs.

Prior to his death, Herman B.…