Silver Brand Clothes, Inc. v. United States

Taxpayer sought a refund of income taxes for the fiscal years ending 1967, 1968, and 1969. The refund claim was based upon a business loss, alleged to have occurred in 1964 and carried forward to the tax years in question. The loss was previously disallowed by the Tax Court in dealing with fiscal years 1965 and 1966. Silver Brand Clothes, Inc. v. Commissioner, 31 T.C.M. 250 (1972). Based upon the Tax Court’s decision, the district court concluded that it lacked jurisdiction under the doctrines of res judicata and collateral estoppel, and it dismissed the complaint.

The district court did not…