John W. Banks, III - Page 9




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          The purpose of that filing was to put all interested parties,               
          including creditors and the debtor, on notice as to his proposal            
          to wind up the estate.  On July 19, 1993, the bankruptcy court              
          entered an order approving Mr. Roberts’ final report and payment            
          of dividends.  On October 29, 1993, Mr. Roberts filed his report            
          of final account and request for closing and discharge of                   
          trustee.  In 1993, in winding up the estate, the estate made its            
          final distributions to creditors and distributed to petitioner,             
          the debtor, $3,700.                                                         
               On December 29, 1993, the bankruptcy court ordered the                 
          estate closed.  The estate did not disclaim any NOLs or any other           
          property, except for some raw land in Arkansas that was abandoned           
          by the trustee.  The closing of the estate was delayed because              
          petitioner sued Mr. Roberts, the trustee.                                   
               On his 1985 Federal income tax return, petitioner claimed a            
          $61,592 loss from the sale of subdivision lots in Frenchtown                
          Hills and a $48,589 loss from various Auburn Bluffs partnership             
          interests.  On his 1986 return, petitioner claimed a $53,192 loss           
          from the sale of subdivision lots in Frenchtown Hills and a                 
          $90,036 loss from various Auburn Bluffs partnership interests.              
          On his 1987 return, petitioner claimed a $17,100 loss from the              
          sale of subdivision lots in Frenchtown Hills, a $9,666 loss from            
          various Auburn Bluffs partnership interests, and a $110,617                 
          deduction for an NOL carryover from 1986.                                   






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