Daniel F. Nix and Gayle H. Nix - Page 8




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          with regard to Telim, that any such losses were incurred in 1990,           
          that funds they paid to or on behalf of Telim (and on which the             
          alleged bad debt losses are based) constituted loans, and that              
          whatever losses petitioners incurred with regard to Telim                   
          constituted anything other than section 1244 losses.                        
               No credible evidence supports the existence of the alleged             
          loans from petitioners to Telim.  No promissory notes exist.  No            
          repayments were made to petitioners.  To the contrary, with                 
          regard to funds petitioners paid to or on behalf of Telim                   
          petitioners were issued additional stock in Telim.  Telim's                 
          corporate Federal income tax returns for 1987 and 1988 showed               
          only small loans to shareholders, and Telim's corporate Federal             
          income tax return for 1989 did not reflect any loans to                     
          shareholders.                                                               
               By the end of 1987, Telim had ceased operations.  In 1988,             
          Telim sold off its assets.  In 1989, Telim filed its final tax              
          return.  On petitioners’ 1990 and 1991 joint Federal income tax             
          returns as originally filed with respondent, petitioners did not            
          claim any losses relating to petitioners’ investment in Telim.              
               No credible evidence supports petitioners’ claim that their            
          losses with regard to Telim should be treated as 1990 losses.               
               In 1988, petitioners were authorized to sell off assets of             
          Telim.  The evidence does not establish what funds were realized            
          on such sales and what portion thereof was retained by                      





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