Roger E. Goodrich and Suzanne B. Goodrich - Page 7

                                        - 7 -                                         
          Under the plan, petitioners agreed to be repaid the funds that UI           
          allegedly owed petitioners only after UI’s other creditors had              
          been repaid by UI.  UI’s debt restructure plan, however, was not            
          accepted by a sufficient number of UI’s other creditors to take             
          effect.                                                                     
               By letter dated April 1, 1992, UI issued to its creditors a            
          “Notice of Insolvency and Dissolution”, indicating that all                 
          secured creditors should execute against their collateral.                  
          Petitioners did not execute against the UI computer software that           
          secured the 1989 promissory note.                                           
               On petitioners’ 1990 joint Federal income tax return,                  
          petitioners claimed under section 1244 an ordinary loss of                  
          $184,874, relating to the stock that was issued in the name of              
          the family trust in 1990 that related to the principal amount due           
          under the 1989 promissory note.  Also, for 1988 and 1989,                   
          petitioners claimed net operating loss (NOL) carryback deductions           
          arising from the claimed $184,874 section 1244 ordinary loss                
          deduction for 1990.                                                         
               On audit for 1990, respondent disallowed petitioners’                  
          claimed $184,874 section 1244 ordinary loss deduction and the               
          claimed 1988 and 1989 NOL carryback deductions relating thereto.            
               At trial and on brief, petitioners disavow the $184,874                
          section 1244 ordinary loss claimed on their 1990 Federal income             
          tax return with regard to the investment in UI and the 1989                 






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  Next

Last modified: May 25, 2011