- 7 - for the Western District of Texas, El Paso Division (the bankruptcy court). On April 27, 1989, the bank filed an Original Verified Complaint and Application for Temporary Restraining Order and Preliminary Injunction combined with Complaint for Declaratory Judgment (the complaint) in petitioner's bankruptcy case. The complaint sought to offset a pension fund deposit account and two commercial checking accounts maintained by petitioner at the bank against the amount owed by PEC to the bank. On or about August 7, 1989, the bank filed an Amended Proof of Claim in petitioner's bankruptcy case in the amount of $1,108,472.60. In response to the complaint, the bankruptcy court entered an order (the order) in January 1990 which permitted the bank to exercise setoff rights on $260,000 of funds from petitioner's bank accounts and required petitioner to pay approximately $190,000 to the bank from petitioner's property acquired after filing the bankruptcy petition, for a total of $450,000. On February 7, 1990, petitioner and his bankruptcy estate, through bank offsets and direct payments, paid a total of $450,000 to the bank in satisfaction of the bank's Amended Proof of Claim. On petitioners' 1990 joint income tax return, petitioners claimed deductions for NOL's from the bankruptcy estate and for expenses to protect petitioner's business reputation in the amounts of $299,920 and $143,070, respectively.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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