Jerome B. Cronin and Staci L. Cronin - Page 2




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          95 percent ownership interest.1  The issue for consideration is             
          whether petitioner may increase his Impact stock's basis by the             
          amount of certain cancellation of indebtedness (COD) income that            
          Impact realized at a time when it was insolvent.2  We hold that             
          he may not.  Unless otherwise stated, section references are to             
          the Internal Revenue Code in effect for the years in issue.  Rule           
          references are to the Tax Court Rule of Practice and Procedure.             
          Amounts are rounded to the nearest dollar.                                  
                                     Background                                       
               This case was submitted fully stipulated pursuant to Rule              
          122.  The stipulation of facts and the accompanying exhibits are            
          incorporated herein and found accordingly.                                  
               Petitioners resided in Barrington, Illinois, at the time               
          they filed their petition.  They filed joint Federal income tax             
          returns for the taxable years 1991 through 1994.  At some point,            
          petitioners filed Form 1045, Application for Tentative Refund.              
          On Form 1045, they claimed 1991 through 1993 refunds based on a             
          1994 net operating loss deduction (NOLD) relating to petitioner             
          husband's 95 percent interest in Impact.                                    
               Impact suffered losses for the period 1992 through 1994.               
          Petitioner's share of the 1992 loss was $120,630 (95 percent of             

               1 Staci K. Cronin is a petitioner solely by virtue of having           
          filed a joint returns with her husband.  Hereinafter, references            
          to "petitioner" will be to petitioner husband, Jerome B. Cronin.            
               2 Discharge of indebtedness income is also referred to as              
          cancellation of debt income (COD income).  For purposes of this             
          opinion, we refer to the income generated from the discharge of             
          indebtedness pursuant to sec. 61(a)(12) as COD income.                      

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