- 2 - a resultant net operating loss carryforward to 1995 of $71,143) for loans made to her son's business; and, (2) whether a substantial portion (67 percent) of the income derived by petitioner during 1994 and 1995 from the sale of the family business should be characterized as long-term capital gain pursuant to section 1231.1 Some of the facts have been stipulated and are so found. The facts stipulated by the parties are incorporated herein by reference and are found as facts in the instant case. Petitioner resided in Litchfield, Connecticut, at the time she filed the petition in the instant case. Background Petitioner Madeline Cook and her late husband owned 51 percent of the stock of a closely held S corporation named Cold Springs Water and Cooler Co., Inc. (Cold Springs). Alexander Cook (petitioner's son) owned the other 49 percent of Cold Springs stock. On April 29, 1991, all of the assets of Cold Springs were sold to Puro Corporation of America, Inc. (Puro). Pursuant to a sales agreement between Puro and Cold Springs, Puro was to make installment payments to Cold Springs on the basis of 1 Unless otherwise noted, all section references are to the Internal Revenue Code in effect for the years in issue and all Rule references are to the Tax Court Rules of Practice and Procedure.Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011