Richmond Hosiery Mills v. The United States

LARAMORE, Judge.

This suit is before the court on cross-motions for summary judgment. It is an action brought to obtain a refund of income tax for the year 1946, based upon a claimed “net operating loss” carryback from the year 1948. The “net operating loss” which plaintiff claims it incurred in 1948 depends upon whether certain deficiencies in excess profits taxes for the years 1942 to 1945, which the Commissioner of Internal Revenue assessed and collected in 1948, are deductible under 26 U.S.C. (I.R.C.1939) § 122(a) and (d) (6) (1946 Ed.), 1 for the year 1948. It is clear from the admissions…