- 3 - Background Petitioners, husband and wife, resided in Fairbanks, Alaska, at the time they filed their petition in this case. At all relevant times, Robert H. Bettisworth (petitioner) was a 33.3-percent shareholder in Narwhal, Inc. (Narwhal), an S corporation. At the end of 1992, petitioner’s basis in his Narwhal stock was zero; in 1993, his basis increased to $68,125 as a result of a loan he made to the corporation. Narwhal was in the business of developing real estate. In 1993, Narwhal was forced to surrender most of its real estate holdings through foreclosure. As a result, Narwhal realized COD income of $3,321,471. Because Narwhal was insolvent, the COD income was treated as nontaxable pursuant to section 108. For 1993, Narwhal had ordinary losses of $2,586,238. Narwhal issued petitioner a Schedule K-1 for 1993, reflecting his distributive share of Narwhal’s COD income ($1,107,155) and ordinary losses ($862,078). Petitioner increased the basis in his Narwhal stock by the amount of his distributive share of Narwhal’s COD income, and amended returns were filed in order to take advantage of previously disallowed net operating losses (NOL’s).2 The NOL’s were first carried back 3 years and then carried 2 Before 1993, petitioners had $275,323 in suspended losses.Page: Previous 1 2 3 4 5 Next
Last modified: May 25, 2011