- 6 - 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’sPage: Previous 1 2 3 4 5 6 7 Next
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