Gerald E. and Nancy J. Toberman - Page 6




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         on the CIS, under the category “Other information relating to                
         your financial condition”, that there were no court proceedings              
         or repossessions.                                                            
         Petitioner’s Claimed Net Operating Loss Deduction                            
              For taxable year 1993, petitioners claimed a net operating              
         loss deduction of $3,992,234, comprising net operating loss                  
         carryovers from prior years in the following amounts:                        
                             Year           Amount                                    
                             1986      $134,414                                       
                             1987           424,283                                   
                             1988           306,907                                   
                             1989      1,627,007                                      
                             1990      1,417,445                                      
                             1991          82,178                                     
                            3,992,234                                                

         Respondent’s Determinations                                                  
              Respondent determined that for taxable year 1993 petitioners            
         had unreported ordinary income of $2,781,810 from discharge of               
         the debts owed by petitioner to Bonnevista and Castle Towers.8               
         Respondent also disallowed petitioners’ claimed net operating                
         loss deduction.                                                              



               8 The notice of deficiency charges petitioner with                     
          unreported cancellation of indebtedness income based on the                 
          $2,148,481 loan due from petitioner to Bonnevista at the                    
          beginning of 1991, rather than the $2,244,164 due at the end of             
          1991.  On brief, respondent states that although the facts                  
          support using the larger, more recent, loan balance to compute              
          petitioner’s 1993 cancellation of indebtedness income, respondent           
          has not amended his position to assert an increased deficiency.             





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