CIR v. Reise
Citation | 299 F.2d 380 |
Decision Date | 27 February 1962 |
Docket Number | No. 13497.,13497. |
Parties | COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. Elmer REISE, Respondent. |
Court | United States Courts of Appeals. United States Court of Appeals (7th Circuit) |
Louis F. Oberdorfer, Asst. Atty. Gen., Sharon L. King, Lee A. Jackson, Harry Baum, Attys., Tax Div., U. S. Dept. of Justice, Washington, D. C., for petitioner.
Paul P. Lipton, Milwaukee, Wis., for respondent.
Before HASTINGS, Chief Judge, and DUFFY and SWYGERT, Circuit Judges.
This is an appeal by the Commissioner of Internal Revenue (Commissioner) from a decision of the Tax Court holding certain items hereinafter described were deductible in computing a net operating loss carryback from 1949 to 1947 under the provisions of section 122(d) of the 1939 Revenue Code, 26 U.S.C.A. § 122(d).
From 1945 through 1949 taxpayer, operating as a sole proprietor, was engaged in business as a dealer in hides and skins. He also had some other business interests. His Federal and State income tax returns for 1945, 1946 and 1947 were prepared on a cash basis method of accounting.
The Commissioner determined deficiencies in taxpayer's Federal income taxes for 1945 through 1947. Substantially all of the deficiencies arose from the Commissioner's determination that taxpayer's income from the sale of hides and skins should have been reported on an accrual rather than a cash basis. The Wisconsin Department of Taxation also determined deficiencies in taxpayer's State income taxes from 1945 through 1947.
The opinion of the Tax Court may be found in 35 T.C. 571. The opinion covers the issues completely and was reviewed by the entire Tax Court. As we find ourselves in agreement with the Tax Court's opinion and decision, it is unnecessary for us here to do more than briefly refer to that opinion to indicate the issues decided.
There is no disagreement as to the facts, and we quote from and adopt the statement thereof in the headnote of the Tax Court's opinion: ...
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