Legal Opinion

Rubin v. Commissioner

United States Tax Court

Decided September 20, 1956No. Docket No. 45971Published

1. Held, deductibility of certain claimed business deductions determined. 2. Held, where taxpayers had a net loss for 1945, their net operating loss carryover from the year 1944 must be applied against their net income for 1945 as adjusted under section 122 (d) of the Internal Revenue Code of 1939 before it may be carried over to the year 1946. 3. Held, taxpayers did not prove they had a net operating loss for the year 1947.

1Opinion of the Court

Dave Rubin and Jennie Feldman Rubin, Petitioners, v. Commissioner of Internal Revenue, Respondent

Rubin v. Commissioner

Docket No. 45971

United States Tax Court

26 T.C. 1076; 1956 U.S. Tax Ct. LEXIS 87;

September 20, 1956, Filed

Decision will be entered under Rule 50.

1. Held, deductibility of certain claimed business deductions determined.

2. Held, where taxpayers had a net loss for 1945, their net operating loss carryover from the year 1944 must be applied against their net income for 1945 as adjusted under section 122 (d) of the Internal Revenue Code of 1939 before it may be carried over to the…

2Cases cited4 opinions

  1. North American Oil Consolidated v. BurnetSupreme Court of the United States · 1932
  2. Lazier v. United StatesCourt of Appeals for the Eighth Circuit · 1948
  3. Bowers v. CommissionerCourt of Appeals for the Second Circuit · 1935
  4. Rubin v. CommissionerUnited States Tax Court · 1956

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