- 18 - income. Under section 1398(g), the bankruptcy estate received the carryover loss from petitioners upon the filing of the bankruptcy petition. The bankruptcy estate of petitioners is also entitled to any loss arising from the payment of $141,429 of interest, the amount of interest paid by the estate that was proportional to the $450,000 loan made to The Chamberlin Corp. from the Freedom Federal loan proceeds. Combined with the $944,049 worthless debt from the Ingersoll-Rand loan payment, the bankruptcy estate of petitioners had a combined loss of $2,340,878 available to reduce its taxable income beginning in 1985, the year the estate came into being. The entire amount of loss is carried to the earliest taxable years to which such loss may be carried. See Lone Manor Farms, Inc. v. Commissioner, 61 T.C. at 441. The portion of such losses that is carried to other taxable years is the excess, if any, of the amount of loss over the sum of the taxable income for each of the prior taxable years to which such loss may be carried. See id. Therefore, when a taxpayer claims carryover losses for the year in issue, it is necessary to determine whether the carryover losses, claimed as a deduction for that year, are still available or were absorbed as allowable deductions in prior taxable years. See id. A carryover loss deduction for a prior year, which would have been allowed if claimed, must be considered as actuallyPage: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
Last modified: May 25, 2011