- 23 - With respect to the FirsTier note, Henry and Esther contend that payments made by HJA are not includable in their taxable income because: (1) A Nebraska State court already has held that Henry was merely an accommodation party on the FirsTier note and, therefore, the doctrine of collateral estoppel requires that this Court find he was not a primary obligor with respect to that debt, and (2) even if the doctrine of collateral estoppel does not apply, Henry was not the primary obligor on the FirsTier loan, and, therefore, he was not required to recognize income when the loan was repaid. With respect to the Chevrolet debt, Henry and Esther argue that Henry was not the primary obligor because (1) the Chevrolet debt consisted of intercompany debts owed to Chevrolet by other companies in the Misle group; (2) when HJA, the successor parent corporation in the 1986 reorganization, paid off the Chevrolet debt, it was paying off its own debt, not Henry’s debt; and (3) since Henry was not the primary obligor on the Chevrolet debt, HJA’s repayment of that debt did not relieve Henry of any personal liability. Henry also argues that he did not receive 20(...continued) the FirsTier note and the Chevrolet debt, then HJA is entitled to a deduction only for the total amount of the covenant not to compete payments less the payments on the FirsTier note and the Chevrolet debt (with adjustments in related interest income and interest expense), and Henry and Esther must report a corresponding amount as ordinary income on their tax returns.Page: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
Last modified: May 25, 2011