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18 T.C. 1153

Luton v. Commissioner

United States Tax Court

Decided September 29, 1952

United States Tax Court · decided 1952-09-29

Petitioner claims a net operating loss deduction carry-back for the year 1946. Held: petitioner sustained a net operating loss as defined by section 122 (a) of the Code in the amount of $ 3,667.19 for the year 1948. The loss realized by petitioner upon the sale of assets used in his business may not be included in the statutory net operating loss.

Good law ✅— No negative treatment on recordhow we know

Decision will be entered under Rule 50 · Decided 1952-09-29

How this case has been cited

Cited by 16 later decisions — most recently September 1992

1 federal appellate ·

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Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Ratjm, /.,

¶1dissenting: The taxpayer had salary and interest income in 1948 in the amount of $4,441.35. In that same year he sustained a “business” loss in the amount of $3,667.19 and a “nonbusiness” loss in the amount of $8,830.70. The Commissioner required him to apply the business loss against his salary and interest, before charging the nonbusiness loss against such income. As a result, the business loss was completely absorbed, and no part of it remained to be carried back to 1946.

¶2I agree with the Court’s decision that the Commissioner’s action was arbitrary. However, I think that the result reached by the Court is equally without justification. For, the Court simply reverses the order, and charges the nonbusiness loss against income in the first instance. I find nothing in the statute that calls for such a result, nor am I able to find any reason in the Court’s opinion which supports its conclusion. Perhaps the only fair and correct result is to apply both losses, business and nonbusiness, proportionately against petitioner’s salary and interest income. But whatever the proper method may be, I am satisfied that the method employed in the Court’s opinion has no support in the statute.

TURNER, J., agrees with this dissent.
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