Legal Opinion

Maloney v. Spencer

Court of Appeals for the Ninth Circuit

Decided February 11, 1949No. 11834PublishedCited by 60 opinions

1Opinion of the Court

DENMAN, Chief Judge.

The Collector appeals from a judgment awarding C. B. Spencer, the taxpayer, a recovery of $78,659.03 as a refund of income taxes for his twb fiscal years ending February 29, 1944,’ The taxpayer died pending appeal and his executrix was substituted as appellee.

The district court found that -the taxpayer suffered a loss in his fiscal year ending February 28, 1945, in the amount of $95,081.48, and that this loss entitled him to a net operating loss carry-back of this amount to his two last prior fiscal years within § 122 of the Internal Revenue Code, 26 U.S.C.A. § 122. The…

2Cases cited21 opinions

  1. Deputy, Administratrix v. Du PontSupreme Court of the United States · 1940
  2. Burnet v. ClarkSupreme Court of the United States · 1932
  3. Dalton v. BowersSupreme Court of the United States · 1932
  4. Janeway v. CommissionerUnited States Tax Court · 1943
  5. Fackler v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1943

16 more not listed; retrieve them via the Exa API.

3Cited by60 opinions

  1. Whipple v. CommissionerSupreme Court of the United States · 1963
  2. Millsap v. CommissionerUnited States Tax Court · 1966
  3. John M. Trent and Lisa M. Trent v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1961
  4. Litton Business Systems, Inc. v. CommissionerUnited States Tax Court · 1973
  5. A. R. Lantz Co., Inc. v. United StatesCourt of Appeals for the Ninth Circuit · 1970

55 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API