-6- On October 1, 1984, Mr. Adkins, Mr. Templeman, and petitioner executed a contract in which Mr. Adkins agreed to transfer his 50-percent partnership interest in J & M to petitioner. In exchange, petitioner agreed to assume and pay all of Mr. Adkins' share of J & M's outstanding liabilities. Prior to October 1, 1984, petitioner and Mr. Templeman had applied for and received a $700,000 loan in order to satisfy J & M's outstanding liabilities. Sometime before October 1, 1984, Mr. Adkins developed severe heart problems. Mr. Adkins' medical condition prevented him from executing the October 1, 1984, agreement on an earlier date. Sometime in 1985, Tag Coal paid petitioner $44,806.72 against the amount advanced by petitioner on August 30, 1984. Tag Coal was ultimately unsuccessful in recovering the substantial payments owed to it under its contract with Commonwealth. Consequently, on September 11, 1989, Tag Coal filed a petition for bankruptcy under chapter 7 with the bankruptcy court for the Eastern District of Kentucky. At the time that the petition was filed, Tag Coal owed petitioner $131,163.79 in respect of the amount advanced by petitioner on August 30, 1984. On an amended income tax return (Form 1040X) for 1989, petitioners claimed that the amount advanced to Tag Coal and not repaid; i.e. $131,163.79, was a business bad debt. On an amended income tax return (Form 1040X) for 1990, petitioners claimed aPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011