- 4 - it should either liquidate or sell USMP. Petitioner estimated that its losses upon liquidation would be $495,000, including $148,000 as the estimated cost of discharging employees under Portuguese labor laws. Faced with these costs, petitioner decided to sell USMP even if USMP had to be sold for nominal or no consideration. On October 24, 1984, petitioner sold all of its USMP stock to a group of Portuguese businessmen in exchange for 1,000 escudos ($6.17) and petitioner's waiver of $110,000 in payables that USMP owed petitioner. The buyers personally guaranteed payment of the remaining payables that USMP owed petitioner. These liabilities were valued at approximately $220,000. At the time of the sale, petitioner's basis in the USMP stock was $802,273. On its balance sheet dated October 25, 1984, USMP reported a net worth of 4,743,000 escudos ($29,501). The balance sheet included a reduction in current liabilities of 17,685,000 escudos to reflect petitioner's forgiveness of the $110,000 payables. Without this reduction, USMP's net worth was negative 12,942,000 escudos ($80,499). OPINION The sole issue is whether petitioner's USMP stock became worthless in 1984. If so, both parties agree that section 165 entitles petitioner to an ordinary loss equal to its adjustedPage: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011