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STEVENS v. UNITED STATES

Civ. A. No. 6373.

274 F.Supp. 280 (1967)

William B. STEVENS and Gertrude N. Stevens, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court S. D. Ohio, W. D.

July 14, 1967.

Attorney(s) appearing for the Case

Bruce I. Petrie, Graydon, Head & Ritchey, Cincinnati, Ohio, for plaintiffs.

Charles G. Heyd, First Asst. U. S. Atty., Cincinnati, Ohio, Barry E. Fink, Trial Atty., Tax Division, Department of Justice, Washington, D. C., for defendant.

OPINION and ORDER OF DISMISSAL

HOGAN, District Judge.

The defendant, United States of America, has filed a motion to dismiss the complaint in this case. The complaint asserts a claim for refund of some two thousand dollars in income taxes paid by the plaintiffs for the taxable calendar year 1958. For calendar year 1961 the plaintiffs sustained a net operating loss of some ten thousand dollars, available for carry-back purposes to calendar 1958, entitling...

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