Tompkins v. United States

I fully agree with, tlie court and our Commissioner Gamer that the interest the trust paid with respect to a deficiency in federal estate tax was not attributable to a trade or business the trust carried on, and as a result, no net operating loss carryback is available with respect to such interest. Eespeot-fully, I differ as to the other stated issue. I think in the circumstances here involved, a claim for refund based according to its terms solely on a net operating loss carryback may be adequate notice of a claim based on a Section 163 interest deduction, when the item involved is the same…