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PETERSON PRODUCE COMPANY v. UNITED STATES

No. 1621.

205 F.Supp. 229 (1962)

PETERSON PRODUCE COMPANY, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court W. D. Arkansas, Fort Smith Division.

May 23, 1962.

Attorney(s) appearing for the Case

Little & Enfield, Bentonville, Ark., for plaintiff.

George A. Hrdlicka, Atty., Dept. of Justice, Washington, D. C., Charles M. Conway, U. S. Atty., Robert E. Johnson, Asst. U. S. Atty., Ft. Smith, Ark., for defendant.

JOHN E. MILLER, Chief Judge.

STATEMENT

The plaintiff, Peterson Produce Company, filed its complaint on August 17, 1961, seeking to recover the sum of $110,410.15 income tax paid for the taxable year ending August 31, 1956, by virtue of a net operating loss carryback to 1956 from the taxable year ending March 31, 1959. The plaintiff alleged that the disallowance of the said net operating loss carryback to the taxable year ending August 31, 1956, by the Commissioner...

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