Ronald H. Bradshaw and Monica I. Bradshaw - Page 2

                                        - 2 -                                         


                            All section references are to the Internal                
             Revenue Code, as in effect during 1989.  References to                   
             petitioner in this opinion are to Mr. Ronald H. Bradshaw.                
                  The issues for decision are:  (1) Whether income                    
             realized by petitioners during 1989 in the amount of                     
             $886,026 should be characterized as income from the                      
             discharge of indebtedness or income from an illegal check-               
             kiting scheme; and (2) whether petitioners are liable for                
             the addition to tax under section 6651(a)(1) for failing to              
             file a timely return.  As to the first issue, if we agree                
             with petitioners that the subject income is from the                     
             discharge of indebtedness, pursuant to section 61(a)(12),                
             then it is not includable in petitioners' gross income                   
             for 1989 because they were insolvent during that year by                 
             more than the amount of the income.  Sec. 108(a)(1)(B).                  

                                  FINDINGS OF FACT                                    
                  Some of the facts have been stipulated by the parties.              
             The Stipulation of Facts filed by the parties, together                  
             with the exhibits attached thereto, is incorporated herein               
             by this reference.  When petitioners filed the instant                   
             petition, they resided in Arlington, Texas.                              
                  Petitioner was the sole stockholder and president of                
             Motion, Inc., a corporation engaged in the business of                   





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  Next

Last modified: May 25, 2011