- 7 - they were planning to purchase replacement property within the replacement period. ESI's 1994 tax return shows a net operating loss (NOL) carryover generated for 1993 in the amount of $120,990: $87,443 of the carryover was utilized in 19904; leaving $33,547 available for carryover to 1994. The $33,547 NOL was used in 1994 to offset taxable income of $19,465. ESI's 1995 tax return shows an available NOL carryover of $14,217, used to offset taxable income of $21,587. After application of the NOL, ESI's 1994 and 1995 taxable income was zero and $7,370, respectively. ISC's 1994 and 1995 tax returns show no NOL carryover, $195,462 and $21,182 in taxable income, respectively, and $59,480 and $3,177 in total tax due, respectively. On September 27, 1996, respondent issued a notice of deficiency which determined, among other things, that the fair market value of decedent's shares in ESI and ISC was $328,294 and $365,419, respectively, rather than the $264,398 and $330,491 shown on the estate tax return. The primary difference between respondent's determined value and the estate's returned value stems from respondent's disallowance of the built-in capital gains discount.5 4 This data indicates that ESI either had losses or broke even in 1992 and 1993. 5 Respondent's determined value also reflects an increase (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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