In the Matter of Able Roofing & Sheet Metal Company. United States of America v. A. Pope Gordon, Trustee

JONES, Circuit Judge.

For a number of years Wilson Young and Thomas Hanna had been general partners, doing business as Able Roofing and Sheet Metal Company, in Montgomery, Alabama. They filed partnership and individual income tax returns .reporting taxable income covering the years 1960 and 1961. Their partnership return for 1963, filed in 1964, showed a net loss of $57,254.63. Young and Hanna carried back this reported loss for 1963 and made a claim for refund of taxes paid on their 1960 and 1961 returns. On September 12, 1964, the Internal Revenue Service paid them refunds for these years…