- 6 - informed the Texas Rangers of their suspicion that Wheeler had stolen money from PEC. By the end of 1987, petitioner believed he knew how much Wheeler had stolen from either him or PEC. Wheeler died in 1989. Petitioners did not claim a theft loss deduction on their 1985, 1986, 1987, or 1989 income tax return. On or about October 15, 1992, petitioners timely filed an amended tax return and a claim for refund for the 1988 taxable year. Petitioners based their claim for refund upon a theft loss deduction in the amount of $374,922.45 which they allege Wheeler stole from petitioner. On July 21, 1995, the Internal Revenue Service denied petitioners' claim for refund for the 1988 taxable year. Default on Bank Loan by PEC In 1988, PEC was unable to make payments due under the note. In August 1988, the bank turned to petitioner to perform on his guarantor agreement. On January 11, 1989, the bank obtained a default judgment against petitioner (the default judgment) in the amount of $1,105,552.75 with respect to petitioner's guaranty on the note. On April 13, 1989, the bank obtained from the Texas State District Court a temporary restraining order to enjoin petitioner from conveying, encumbering, or disposing of any of his assets. On April 21, 1989, petitioner filed for protection under chapter 11 of the Bankruptcy Code in the U.S. Bankruptcy CourtPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011