Legal Opinion

Commercial Industries Corp. v. United States

District Court, D. New Jersey

Decided April 14, 1967No. Civ. A. No. 565-64Published

1Opinion of the Court

OPINION

COOLAHAN, District Judge:

This is a civil action for refund of income taxes and interest assessed against and paid by the plaintiff, Commercial Industries Corp., [Commercial], for the calendar years of 1956, 1957 and 1958, in the amounts set out in the margin.1 Jurisdiction is premised on 28

U.S.C. §§ 1340, 1346.

The ultimate issue presented is whether the Commissioner of Internal Revenue properly disallowed the net operating loss carry-overs claimed as deductions by the plaintiff in its returns for those years, where such attempted carry-overs represent the net operating losses of a…

2Cases cited25 opinions

  1. New Colonial Ice Co. v. HelveringSupreme Court of the United States · 1934
  2. Libson Shops, Inc., v. Koehler, District Director of Internal RevenueSupreme Court of the United States · 1957
  3. Helvering v. Metropolitan Edison Co.Supreme Court of the United States · 1939
  4. Mill Ridge Coal Company v. George D. Patterson, District Director of Internal RevenueCourt of Appeals for the Fifth Circuit · 1959
  5. Newmarket Manufacturing Company v. United StatesCourt of Appeals for the First Circuit · 1956

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