John M. Schaefer - Page 20

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          $1,650,000 of punitive damages) arising from a suit brought by              
          petitioner's former tenants.  Petitioner argues that, as a result           
          of these disbursements, the estate had a net operating loss (NOL)           
          that he may carry over to his 1991 and 1992 individual income tax           
          returns.                                                                    
               Upon the termination of a bankruptcy estate, the debtor                
          succeeds to its tax attributes, including NOL carryovers under              
          section 172.  Sec. 1398(g)(1), (i).  Deductions available to the            
          estate are not available to the individual debtor.  Smith v.                
          Commissioner, T.C. Memo. 1995-406.                                          
               Petitioner argues that the disbursements by the chapter 11             
          trustee generated a net operating loss for the bankruptcy estate.           
          Petitioner's bankruptcy estate filed no income tax return for               
          1991.  The record is silent as to the estate's tax history.                 
          There is no documentary evidence that the bankruptcy estate had             
          an NOL for 1991.  Although petitioner testified that his                    
          bankruptcy estate had an NOL for 1991 because it disbursed                  
          $1,866,170 to petitioner's creditors for various claims, he did             
          not testify about any income the estate may have had from the               
          sale of property or the amount of the bankruptcy estate's NOL.              
          Petitioner has not established the amount of the bankruptcy                 











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