Gary L. Pierce - Page 11

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          respondent also affected the amount of the carryback to 1988.               
          Petitioners’ reported 1988 tax liability was reduced from                   
          $547,702 to $293,598.                                                       
               In 1991, petitioner lent Mary Catherine $2,467,094,                    
          increasing his adjusted basis and his amount at risk by that                
          amount.  This enabled petitioner to claim a deduction from                  
          ordinary income for a nonpassive loss on his 1991 income tax                
          return in the amount of $2,467,094, resulting from the Ridge and            
          Minnechaug writedowns.                                                      
               Petitioner filed an Application for Tentative Refund for               
          1991 claiming an NOL carryback to 1988 that resulted in                     
          petitioners’ 1988 income tax liability being further reduced from           
          $293,598 to $19,851.6                                                       
               Petitioner attached a letter dated March 2, 1992, to his               
          1991 Application for Tentative Refund asking respondent to                  
          expedite the refund.  The letter referred to significant                    
          operating losses experienced by petitioner's companies since                
          1988, cash-flow problems, banking problems, delinquent payments             
          to vendors, lay-offs, and reduced compensation to employees.  The           
          letter stated that “receipt of the refund * * * [was] critical              
          and the potential key to * * * [petitioner's] survival.”                    



               6 Petitioners’ 1988 income tax liability would have been               
          reduced below $19,851 but for the limitation imposed by the                 
          alternative minimum tax.                                                    




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