- 10 - had been dissolved, they argue, "a judgment against the same would be a legal and factual impossibility." Petitioners' own actions regarding HTC belie this claim. In September 1990, after HTC had been dissolved, petitioners filed for personal bankruptcy. HTC Indus., ASBCA No. 40562, 93-1 B.C.A. (CCH) par. 25,560 affd. on reconsideration, 93-2 B.C.A. (CCH) par. 25,701 (1992). In their petition for bankruptcy, they listed as "personal property" the litigation "Couch v. Army, ASBCA No. 40562" with a market value of $2,000,000. Id. The Bankruptcy Court order was not issued until March 19, 1991. In July 1991, the Couchs amended their Bankruptcy Petition to read: "Couch v. Army ASBCA #40562. Fair market value is unknown. Property claimed exempt under 11 U.S.C. 522(d)(1) and (5)." Id. The Couchs' actions indicate that through July 1991 they believed the claim held by HTC and pursued by them on HTC's behalf had substantial value. Their actions contradict their claim of worthlessness for 1990. Subsequent events support the actions of petitioners. See American Offshore, Inc. v. Commissioner, supra at 597. In its decision, the Board of Contract Appeals observed that the property of HTC had not been distributed. Although the Board did not give the property specific value, and even noted that the property may have had no value, the Board ordered the parties to negotiate an equitable distribution of what remained. The Board's order indicates its belief that, as late as 1992, thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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