-8- Judicial Proceeding Petitioners filed a petition in this Court on June 14, 1994.4 Their petition reiterated the arguments enunciated during the administrative proceeding. On June 22, 1994, an attorney in respondent's Richmond, Virginia, office was assigned this case. Respondent's answer, filed on July 22, 1994, denied petitioners' allegations for lack of sufficient information. On February 1, 1995, respondent's counsel sent a letter to petitioners' counsel summarizing respondent's position that (1) section 108(a)(1)(B) is not applicable because petitioner was not insolvent in April 1990, and (2) the debt forgiveness does not qualify as a section 108(e)(5) purchase price adjustment. In the letter, respondent's counsel asked that the parties begin stipulating facts, and stated that the documents provided by petitioners "present a confusing picture" with regard to petitioner's acquisition of Elite stock. Petitioners' claim of insolvency at the time the stock was transferred was based on a financial statement petitioners prepared as of April 1990. That statement reflects a negative net worth of $229,700. However, respondent's counsel did not agree with certain aspects of the financial statement: (1) Petitioner's Elite stock is valued at only $100, while the full amount of his $228,000 note to 4 The petition was timely mailed on June 9, 1994. Sec. 7502(a).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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