- 10 - settlement, Mrs. Hemmings received $600,000 that was immediately transferred to Mr. Hemmings and used to pay his other debts. Until 1989 funds to support the Conti litigation came in large part from Brown Transport. In that year, however, Brown Transport suffered severe losses and was placed in bankruptcy. Ultimately, the assets of Brown Transport were liquidated. In order to sustain the Conti litigation and to pay other debts, Mr. Hemmings borrowed money and Mr. and Mrs. Hemmings sold almost all of their assets. They sold their house, their furniture, the luxury cars, the boat, the airplane, and some jewelry. As of the time of the trial, Mrs. Hemmings owned one piece of real estate that had a value of approximately $400,000. When the residence and Mrs. Hemmings' other properties were sold, Mr. Hemmings borrowed the proceeds from Mrs. Hemmings and the proceeds were used to pay debts of Mr. Hemmings and costs of the Conti litigation. Mr. Hemmings has a negative net worth. ERTA Sections 508(c) and 509 Elections During 1981 both Messrs. Brown and Hemmings maintained accounts at E.F. Hutton & Co. and Conti for trading regulated commodity futures accounts. Some contracts were entered into prior to June 23, 1981, and others after that date. Sections 501 to 509 of the Economic Recovery Tax Act of 1981 (ERTA), Pub. L. 97-34, 95 Stat. 172, 323-333, made certain changes in the taxation of straddle and regulated futures contract transactions that were generally applicable to property acquired or positionsPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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