Chilton T.C. Au v. United States

OPINION

MARGOLIS, Judge.

This case is before the Court on cross motions for summary judgment. Plaintiff, Chilton T.C. Au, acting pro se, brings this tax refund suit seeking a determination that the $90,000 loss he sustained when he sold certain real estate was an ordinary loss, not a capital loss. Plaintiff seeks a refund for the 1975 tax year of $2,099 plus interest.1 Plaintiff claims he is entitled to loss *442carryback and carryover deductions for the 1975 operating loss which will result if the loss can be treated as an ordinary loss. Plaintiff has moved for summary judgment claiming that under…