R. George and Penney Gregersen - Page 6




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          plan also discharged the note and other debts arising before                   
          confirmation of the plan.  See 11 U.S.C. sec. 1141(c) (1994).  As              
          guarantor, Mr. Gregersen then became primarily liable for the                  
          note’s payments.  Accordingly, petitioners are entitled to a                   
          deduction for interest accrued after the date of confirmation of               
          the bankruptcy plan.                                                           
          II. Net Operating Loss Carryover                                               
               Respondent determined petitioners were not entitled to a                  
          deduction for the portion of the 1994 net operating loss                       
          carryover resulting from the 1993 interest deduction, 1990                     
          through 1993 legal expense deductions, and a 1989 net operating                
          loss carryover.  Petitioners were entitled to an accrued interest              
          deduction.  The legal expenses, however, did not relate to Mr.                 
          Gregersen’s Schedule C business, and, because petitioners did not              
          file 1987 or 1988 returns, or elect to waive carryback of the                  
          1989 loss pursuant to section 172(b)(3), they could not establish              
          a carryover from 1989.  Accordingly, petitioners are entitled to               
          a net operating loss relating to petitioners’ deduction of                     
          interest accruing from May 28 through December 31, 1993, on the                
          note.                                                                          
          III.  S Corporation Deductions                                                 
               Respondent disallowed a portion of the 1994 interest                      
          deductions claimed by EBNI.  Petitioners, as the sole                          
          shareholders, were required to take into account all of EBNI’s                 






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