- 2 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011