T. E. Penton v. United States

In this action in the District Court the taxpayer sought a refund of income taxes for the year 1945 by reason of a net operating loss carry-back from the year 1947. The District Court denied the refund on the ground that the taxpayer was not entitled to a net operating loss carry-back. We reversed on the ground that the taxpayer was entitled to a net operating loss carry-back.

The mandate issued in this case on October 30, 1958, states, “On consideration whereof, It is now here ordered and adjudged by this Court that the judgment of the said District Court in this cause be and the same is…