- 5 - On its Form 1120S for 1993, Four A reported the transfer of the equipment as a sale and reported the amount realized on the sale as $445,000 (the total purchase price under the agreement). This resulted in a section 1231 loss of $275,006. In 1996, Four A filed an amended Form 1120S which reported the amount realized on the sale as $145,430. This increased the section 1231 loss to $574,576. In 1996, petitioners filed Forms 1040X seeking refunds for 1993 based on their pro rata shares of the increased section 1231 loss from Four A. III. Business Bad Debt Deduction From 1988 to May 6, 1991, Four A sustained substantial losses, and Appolo advanced significant amounts of money to Four A on a demand basis for the working capital needs of Four A (Four A debt). During 1993, G. Asher and L. Asher were shareholders of Appolo, each owning 24 percent of its outstanding shares. John Asher, their father, was the majority shareholder of Appolo. In March 1991, Price Waterhouse LLP (PW) audited Appolo's 1990 financial statements. During the audit, PW questioned the collectability of the Four A debt and suggested that Appolo establish a reserve against the Four A debt. PW and S. Gaudiano, acting in his capacity as the chief financial officer of Appolo, reached an agreement whereby petitioners, acting in their capacity as Four A shareholders, would execute guaranties toPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011