- 2 - Deborah Rosenthal's 1989 and 1990 Federal income tax in the amounts of $617,446, and $811,723, respectively.1 The issues for consideration are: (1) Whether petitioners' S corporation realized discharge of indebtedness income pursuant to section 108(a)2 in the 1992 taxable year, and (2) whether petitioners may increase the basis in their S corporation stock by the amount of any discharge of indebtedness income realized by the corporation.3 FINDINGS OF FACT This case was submitted fully stipulated pursuant to Rule 122. The stipulation of facts and the exhibits are incorporated herein and found accordingly. Petitioners Michael and Madeline Friedman resided in Pepper Pike, Ohio, at the time the notice of deficiency was issued to them. The Friedmans filed joint Federal income tax returns for the taxable years 1989, 1990, and 1992. On October 15, 1993, the Friedmans filed a claim for refund based on net operating loss 1These cases were consolidated for purposes of briefing and opinion. 2All section references are to the Internal Revenue Code in effect for the years at issue, and all Rule references are to the Tax Court Rules of Practice and Procedure, unless otherwise indicated. 3Madeline Friedman and Deborah Rosenthal are petitioners solely by virtue of having filed joint returns with their husbands. Hereafter, references to "Rosenthal," "Friedman," "petitioner-husband," and "petitioners" will be to petitioner- husbands.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011