Timothy L. and Jane Williams - Page 8

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          might be awarded in the lawsuit filed in 1990 (presumably for the            
          benefit of its creditors).  The WIS chapter 11 proceedings                   
          concluded in 1992.  Petitioner’s attempt to revive the insurance             
          investigation business through SPS was short lived.  Lewis and               
          Tate left the venture in 1992 and 1993, respectively, and SPS                
          ceased business in 1994.                                                     
               For all relevant years, WIS and SPS qualified as S                      
          corporations within the meaning of section 1361(a)(1).  It                   
          appears that WIS had no accumulated earnings and profits from                
          prior years in which it may have been a C corporation.  Each                 
          corporation maintained its books and records and filed its                   
          returns using the cash method of accounting.  In the absence of              
          any evidence to the contrary, we assume that each corporation                
          computed its income on the basis of a calendar year.  See sec.               
          1378.                                                                        
               On their joint Federal income tax return for 1991,                      
          petitioners reported income attributable to WIS in the amount of             
          $1,541.  They also claimed a deduction for “other losses” in the             
          amount of $136,748, which petitioners claim is attributable to               
          WIS.  The computation of the loss was disclosed in an attachment             
          to the return.  The attachment purports to be a balance sheet for            
          WIS as of December 31, 1991, prepared for purposes of the chapter            
          11 reorganization.  The balance sheet lists corporate assets,                
          “pre-petition liabilities” and “post-petition liabilities”, and              
          reflects a deficit in shareholder’s equity of $136,748.                      



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