Dyer v. United States

SHELBOURNE, Chief Judge.

This action was instituted by Dr. Sydney G. Dyer and his wife, Zanna Dyer, June 4, 1959, to recover $1,374.07, and interest thereon, alleged to have been erroneously assessed and collected from the plaintiffs as taxes for the years 1954 and 1955. The assessment was based upon the taxpayers’ deduction from their income taxes in 1954 and 1955 a' loss which occurred in 1953 and carried forward as a net operating loss. The loss occurred by reason of the sale, under a mortgage foreclosure, of certain hospital and medical supplies and equipment which plaintiff Dr. Dyer had…