- 26 - Bankruptcies Gleave and Kenmore filed petitions for chapter 11 reorganization in the United States Bankruptcy Court for the Western District of New York on August 2 and 3, 1982, respectively.9 In their respective bankruptcy petitions, Gleave reported that he owned Eggertsville Inn, the stock of which had a “Market value” of $20,000, and Kenmore reported that it did not own stock of any corporation. Gleave reported that he received “Annual Income” of $16,872 from mortgages on two Tonawanda, New York, properties in each of the 2 years immediately before he filed his bankruptcy petition; Kenmore’s bankruptcy petition shows it as the holder of the mortgages on these two properties. One of 8(...continued) sales tax in accordance with the appropriate sales tax table. Petitioners have not contended that Gleave is entitled to deduct any greater amount, e.g., on account of the 1981 Zahno boat purchase. As a result of the foregoing (including supra note 4), Gleave’s itemized deductions exceed the zero bracket amount (sec. 1(d)) for each of the years in issue. 9 The parties stipulated that Kenmore filed its ch. 11 petition on Aug. 2, 1982. Our finding is in accord (1) with the stipulated copy of the ch. 11 petition, which shows on its face the Bankruptcy Court’s stamp that the ch. 11 petition was filed on Aug. 3, 1982, and (2) with Knoll’s testimony that the ch. 11 petitions were filed with the Bankruptcy Court on consecutive days. Gleave was discharged from bankruptcy on Sept. 22, 1986, and Kenmore was relieved of the automatic stay provisions of 11 U.S.C. sec. 362 (1994) on or about May 16, 1989, for the purpose of filing a petition and proceeding in the Tax court.Page: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
Last modified: May 25, 2011