Ted W. Gleave - Page 26

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                                    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.                       





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