Daniel R. Leavell and Eva Lovene Leavell - Page 12

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            thereby, in 1984 (to the extent she was liable at all on the                                  
            indebtedness to Northern Trust Co.), arguably realized discharge                              
            of indebtedness income taxable to her under section 61(a)(12).                                
            No such income was reported by petitioners on their 1984 joint                                
            Federal income tax return (nor charged to petitioners on audit by                             
            respondent), and such additional income would likely offset any                               
            portion of the claimed $1,064,164 net operating loss carryover if                             
            any such carryover were established in this case and if Eva were                              
            otherwise entitled thereto.                                                                   
                 Eva, however, has not established the existence of the                                   
            claimed carryovers or that any portion of the claimed carryovers                              
            should be attributable to her.                                                                
                 In the alternative and in a characteristically vague and                                 
            unclear manner, petitioners apparently claim that they were not                               
            actually indebted to Northern Trust Co.  If that is so, in now                                
            calculating the very large net operating loss carryover from 1984                             
            to which petitioners claim to be entitled, petitioners would be                               
            required to recalculate the very large interest deductions                                    
            (cumulatively in excess of $4.5 million) that they claimed in                                 
            1984 and prior years with respect to the purported indebtedness                               
            to Northern Trust Co.  As a result, the claimed net operating                                 
            loss carryover from 1984 (that is based largely on such claimed                               
            interest deductions) would be eliminated or substantially                                     








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