- 30 - II. I mush on in an attempt to make sense of the stipulated record and arrive at an understanding of what happens to the current year’s losses of an insolvent S corporation that experiences COD. The case at hand is not the most satisfactory vehicle for this purpose because the stipulation of facts is so terse--the only documents in evidence are the statutory notice, petitioner’s 1991 income tax return, and MAI’s 1991 Form 1120S-- as to raise and leave unanswered questions about what actually happened and the significance of what was shown and claimed on the MAI Form 1120S and petitioner’s return.3 Judge Foley’s reference to the “application of section 108(b) and the resulting reduction of tax attributes (i.e., MAI’s net operating loss)” adverts to an issue that the parties didn’t really address. This issue arises from the fact, which might be inferred from the parties’ stipulation “that the COD income of $2,030,568 exceeded losses of MAI by $1,375,790 in 1991", that, as respondent asked the Court to find as a fact, “MAI had losses of $654,778". The amount by which MAI’s COD of $2,030,568 exceeded those losses is $1,375,790, the portion of petitioner’s claimed basis in the stock of MAI that respondent disallowed. 2(...continued) didn’t file a Form 982 of its own with its 1991 Form 1120S. 3 Perhaps the Rule 155 computation to be submitted by the parties will clarify these matters.Page: Previous 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Next
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