Donald C. Niblock, Jr., and Marilyn Niblock v. Commissioner of Internal Revenue

DUFFY, Senior Circuit Judge.

This is an appeal from a judgment of the Tax Court which upheld the decision of the Commissioner of Internal Revenue in determining deficiencies in taxpayer’s federal income taxes. These deficiencies resulted from a redetermination by the Commissioner that losses sustained by taxpayer in 1963 constituted nonbusiness bad debts and were erroneously carried back against ordinary income for the years 1960 and 1961. Donald C. and Marilyn Niblock, husband and wife, filed joint federal income tax returns for the years in issue.

Donald C. Niblock, Jr. (taxpayer) started his…