Puente v. Commissioner of Internal Revenue

Ninth Circuit

Puente v. Commissioner of Internal Revenue

199 F.2d 940, 42 A.F.T.R. (P-H) 896, 1952 U.S. App. LEXIS 4090

CourtCourt of Appeals for the Ninth Circuit

DecidedNovember 14, 1952

Docket13239

StatusPublished

Cited by6 cases

This text of 199 F.2d 940 (Puente v. Commissioner of Internal Revenue) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Puente v. Commissioner of Internal Revenue, 199 F.2d 940, 42 A.F.T.R. (P-H) 896, 1952 U.S. App. LEXIS 4090 (9th Cir. 1952).

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Opinion

PER CURIAM.

Petitioners seek to set aside an order of the Tax Court denying their claim that a loss sustained by them in the year 1945 on a foreclosure sale of their dairy herd and equipment used by them in the operation of their dairy business in 1944 and 1945 could be carried back, to the taxable year under § 122(d) (5) of the Internal Revenue Code, 26 U.S.C.A. § 122(d) (5). They concede that the issue presented is substantially the same as that in the following cases which have been decided adversely to the taxpayers: Lazier v. United States, 8 Cir., 170 F.2d 521, 9 A.L.R.2d 324; Sic v. Commissioner, 8 Cir., 177 F.2d 469, certiorari denied 339 U.S. 913, 70 S.Ct. 572, 94 L.Ed. 1339; Merrill v. Commissioner, 2 Cir., 173 F.2d 310; Baruch v. Commissioner, 2 Cir., 178 F.2d 402; Pettit v. Commissioner, 5 Cir., 175 F.2d 195; and *941 Smith v. United States, 6 Cir., 180 F.2d 357.

Petitioners have presented reasons why they think those cases were wrongly decided. We have considered with care.the petitioners’ arguments. They do not persuade us. In our judgment the decisions cited were required by the terms of the section referred to.

The decision of the Tax Court is affirmed.

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PER CURIAM.

Petitioners seek to set aside an order of the Tax Court denying their claim that a loss sustained by them in the year 1945 on a foreclosure sale of their dairy herd and equipment used by them in the operation of their dairy business in 1944 and 1945 could be carried back, to the taxable year under § 122(d) (5) of the Internal Revenue Code, 26 U.S.C.A. § 122(d) (5). They concede that the issue presented is substantially the same as that in the following cases which have been decided adversely to the taxpayers: Lazier v. United States, 8 Cir., 170 F.2d 521, 9 A.L.R.2d 324; Sic v. Commissioner, 8 Cir., 177 F.2d 469, certiorari denied 339 U.S. 913, 70 S.Ct. 572, 94 L.Ed. 1339; Merrill v. Commissioner, 2 Cir., 173 F.2d 310; Baruch v. Commissioner, 2 Cir., 178 F.2d 402; Pettit v. Commissioner, 5 Cir., 175 F.2d 195; and *941 Smith v. United States, 6 Cir., 180 F.2d 357.

Petitioners have presented reasons why they think those cases were wrongly decided. We have considered with care.the petitioners’ arguments. They do not persuade us. In our judgment the decisions cited were required by the terms of the section referred to.

The decision of the Tax Court is affirmed.

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Bluebook (online)

199 F.2d 940, 42 A.F.T.R. (P-H) 896, 1952 U.S. App. LEXIS 4090, Counsel Stack Legal Research, https://law.counselstack.com/opinion/puente-v-commissioner-of-internal-revenue-ca9-1952.

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