- 25 - The fourth category of deductions that compose petitioner's net operating losses are its subsidiaries' losses. Petitioner's deductions for Controlled Casting and Industrial Management are supported only by petitioner's unaudited books. We have found them unreliable, and therefore disregard the losses from these subsidiaries in calculating petitioner's net operating losses. Petitioner has, however, made a prima facie case with regard to Sale By Owner's and Far Western's losses. Respondent argues that these subsidiaries were not businesses and that their expenses had no business purpose. We disagree. Petitioner's witnesses testified that Far Western and Sale By Owner were engaged in business as real estate brokers. This testimony was corroborated by corporate minutes. Respondent points to sworn affidavits from the McMahon Litigation that tell a sordid story of the Byrne family members violating their fiduciary duty and plundering the corporate coffers, but the Judge in that case imposed sanctions against the plaintiffs and stated: "There is no factual basis; there is no legal basis for your continuing to proceed in this case." Rather than engaging in corporate plundering, petitioner was simply unlucky. Sale By Owner was beginning to show a profit until McMahon filed his shareholder's derivative suit. The suit consumed much of the time of petitioner's management and diverted attention from the subsidiaries. And McMahon's son, Hugh,Page: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
Last modified: May 25, 2011