Magale v. United States

This is a suit for a refund of income tax paid in 1940 on the ground that plaintiff should have been allowed to deduct from net income in that year a net operating loss carried over from 1939.

During 1939 and 1940 plaintiff and his wife were engaged in the oil production business. All of their income was community income under the laws of the State of Louisiana. Plaintiff’s income tax return for 1939 reported a community net operating loss of $33,067.60, one-half of which, or $16,-533.80, was sustained by plaintiff. However, it is stipulated that the correct community net operating loss for…