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On or about January 30, 1991, petitioner filed an amended
return for 1987 in which he increased by $47,788 the cost of
goods sold as to his Frenchtown Hills interest. The increase to
the cost of goods sold increased his claimed loss from $17,100 to
$64,888 and his claimed remaining NOL carryover to $146,458. On
his 1988 return, petitioner claimed a $101,365 deduction for an
NOL carryover; he did not report an NOL; nor did he report any
losses from Frenchtown Hills or Auburn Bluffs. On his 1988
return, petitioner reported a net profit of $62,304 from the sale
of lots in the Frenchtown Hills subdivision.
Shortly before this Court’s trial of this case, petitioner
raised as an issue whether he was entitled to deduct $450,000 as
a bad debt or NOL on account of Mr. Roberts’ abandonment of a
judgment against Milton McGhee. Petitioner won a $483,600
judgment against Mr. McGhee in 1984, which became property of the
bankruptcy estate. Petitioner abandoned his claim for a bad debt
deduction at trial. Petitioner did not inform William Wise, his
attorney in this proceeding, that he had deducted the McGhee bad
debt on his 1997 return.
In his petitions and at trial, Mr. Banks asserted that he
was entitled to additional losses from Frenchtown Hills, losses
which he alleges were abandoned by Mr. Roberts and are deductible
in 1990. Mr. Banks deducted $1,060,122 on his 1994 return for
“involuntary conversion - French Town Hills - 106122 near Shingle
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