Yellow Cab Co. v. Commissioner
United States Tax Court
False Issue -- Commissioner Still Auditing Return. -- A net operating loss question still being timely considered by the Commissioner in the course of his audit of a return may not be the basis of a proper issue before the Tax Court.
1Opinion of the Court
OPINION
MuedocK, Judge:
The respondent determined deficiencies for 1958 and 1959 in the income tax of the petitioner. This case was originally set for trial on January 6, 1964, in Chicago at which time the petitioner was permitted to file an amendment to the petition alleging “that the petitioner had sustained a net operating loss of not less than $1,139,176.11 for the taxable year ended December 31, 1962” and claiming a carryback of “not less than $281,803.52” as a deduction for 1959 which would result in a refund for 1959. These allegations were denied by the Commissioner who simultaneously…
2Cases cited3 opinions
- Spector v. CommissionerUnited States Tax Court · 1964
- Andrew Little, Jr., and Myrn Little v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1961
- Thomas Cusack Co. v. CommissionerUnited States Board of Tax Appeals · 1929
3Cited by9 opinions
- McGowan v. CommissionerUnited States Tax Court · 1976
- Maxcy v. CommissionerUnited States Tax Court · 1973
- Decision, Inc. v. CommissionerUnited States Tax Court · 1966
- Mohr v. CommissionerUnited States Tax Court · 1966
- Decision, Inc. v. CommissionerUnited States Tax Court · 1966
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