Maletis v. United States

DENMAN, Chief Judge.

This is an appeal from a judgment denying appellant a refund of taxes paid by him for the tax year 194S.

The basis of appellant’s claim, filed in 1948, is that in the tax year 1947 he suffered a net operating loss which, under 26 U.S.C. §§ 23 (s) and 122, as amended, he is entitled to carry back and have deducted from his income of Í94S, have the tax for that year recomputed and have a refund of the difference between the tax so computed and the tax paid. The district court held that the loss suffered in 1947 was not his own net operating loss, but was the loss of an…