Daniel J. Culnen - Page 20




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          III.  The Form 4797 Loss                                                    
               A.  Introduction                                                       
               Petitioner reported his share of the Form 4797 loss, in the            
          amount of $1,759,987.  Principally, the Form 4797 loss resulted             
          from Wedgewood’s disposition of furniture, fixtures, restaurant             
          equipment, a liquor license, and a liquor inventory (the assets).           
          The assets were disposed of pursuant to the deed.  At least some            
          of the assets were subject to liens of secured creditors totaling           
          $1,865,000 (the liens).  Wedgewood’s adjusted basis in the assets           
          at the time of disposition was $2,506,244.  Pursuant to the deed,           
          Wedgewood received nominal consideration of $1, and the                     
          disposition was part of a bankruptcylike proceeding carried out             
          under the laws of New Jersey.  See N.J. Stat. Ann. secs. 2A:19–1            
          to 2A:19-50 (West 1987).  The disposition was to an assignee for            
          the benefit of Wedgewood’s creditors (the assignee), whose duty             
          it was to liquidate the assets and apply the proceeds to reduce             
          Wedgewood’s indebtedness.  See In re:  Gen. Assignment for                  
          Benefit of Creditors, 169 A.2d 236 (N.J. Super. Ct. 1961).                  
               B.  Code and Regulations                                               
               In pertinent part, section 1001(a) provides that the loss              
          from the disposition of property shall be the excess of the                 


               11(...continued)                                                       
          here in question because we believe that the parties are in                 
          agreement that we should make an across-the-board decision with             
          respect to the Wedgewood payments.                                          





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