-2- consideration, and all Rule references are to the Tax Court Rules of Practice and Procedure. The substantive issue which gave rise to petitioners' motion involves the 1990 cancellation of a $228,000 note owed by Henry P. Brantley (petitioner) to Elite Coatings Company, Inc. (Elite), and whether such cancellation resulted in discharge of indebtedness income to petitioners pursuant to section 61(a)(12). Respondent conceded this issue when this case was called for trial on March 20, 1995, in Richmond, Virginia. The parties have submitted affidavits and memoranda supporting their positions. Neither party requested an evidentiary hearing. We decide the matter before us based on petitioners' Motion for Litigation and Administrative Costs, respondent's objection to petitioners' motion, petitioners' response and supplemental response to respondent's objection, respondent's reply to petitioners' response, and the affidavits and exhibits provided by the parties. See Rule 232(a)(3). Petitioners failed to present the facts surrounding the cancellation of Henry P. Brantley's debt to Elite in a comprehensive manner. Nevertheless, we attempt to succinctly set forth below those pertinent facts (as we understand them) required to resolve the motion before us. In doing so, we have simplified a complex series of events with regard to petitioner's acquisition of Elite stock and the ultimate cancellation of petitioner's debt to Elite in connection with such stock acquisition.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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