Salvador A. and Kathleen M. Gaudiano - Page 2

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               Salvador A. and Kathleen M. Gaudiano    $43,665                        
               (S. and K. Gaudiano)                                                   
               Gary D. Asher (G. Asher)           43,281                              
               Larry A. Asher (L. Asher)          43,858                              
               Randy C. and Kathleen R. Edgemon        44,342                         
               (R. and K. Edgemon)                                                    
               Unless otherwise indicated, all section references are to              
          the Internal Revenue Code in effect for the year in issue, and              
          all Rule references are to the Tax Court Rules of Practice and              
          Procedure.                                                                  
               The issues for decision are:  (1) Whether petitioners2 are             
          entitled to increase their bases in the stock of Four A Coal Co.            
          (Four A), an S corporation, by their pro rata share of discharge            
          of indebtedness income (COD income) realized by Four A but                  
          excluded by Four A pursuant to section 108(a); (2) whether the              
          transfer of certain mining equipment by Four A constituted a sale           
          or a lease and, if a sale, then the amount realized on the sale;            
          (3) whether G. Asher and L. Asher are entitled to ordinary losses           
          related to an alleged bad debt deduction claimed by Appolo Fuels,           
          Inc. (Appolo), an S corporation, for loans made to Four A.                  
                                  FINDINGS OF FACT                                    
               Some of the facts have been stipulated and are so found.               
          The stipulation of facts and the attached exhibits are                      
          incorporated herein by this reference.  S. and K. Gaudiano and R.           
          and K. Edgemon resided in Knoxville, Tennessee, at the time they            


               2 We use the term "petitioners" to refer to S. Gaudiano, G.            
          Asher, L. Asher, and R. Edgemon.                                            



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