LB&M Associates, Inc., Rudy J. Alvarado, Tax Matters Person - Page 6

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          at the shareholder, and not the corporate, level (viz., (1) for             
          1990 and 1991 the amount of loss, if any, deductible by each LB&M           
          shareholder and (2) for 1990 the amount of capital gain, if any,            
          of each LB&M shareholder).  See sec. 6231(a)(5); sec.                       
          301.6231(a)(5)-1T(a), Temporary Proced. & Admin. Regs., 52 Fed.             
          Reg. 6790 (Mar. 5, 1987).  The only matters in dispute in these             
          cases over which the Court has jurisdiction are whether for each            
          of the years at issue LB&M was indebted to each of the selling              
          LB&M shareholders and, if so, the amount of such indebtedness.              
          See University Heights at Hamilton Corp. v. Commissioner, 97 T.C.           
          278, 281 (1991); sec. 301.6245-1T(a)(1)(v), Temporary Proced. &             
          Admin. Regs., 52 Fed. Reg. 3003 (Jan. 30, 1987).                            
               To reflect the foregoing,                                              



                                                  An appropriate order will           
                                             be issued granting respondent's          
                                             motion.                                  
















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