Flint Industries, Inc. and Subsidiaries - Page 43




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          II.  Worthless Stock Deductions                                             
               A.  Deduction Claimed on FYE May 31, 1992, Return                      
               We now consider whether petitioner’s shares of G�nther’s               
          stock were worthless as of May 31, 1992.  Petitioner claimed a              
          worthless stock deduction for FYE May 31, 1992, in an amount                
          equal to its basis27 in its G�nther shares as of May 31, 1992.              
          Petitioner asserts that it is entitled to the deduction under               
          section 165 because the shares became worthless during FYE May              
          31, 1992.  Respondent asserts that petitioner has failed to prove           
          its shares of G�nther’s stock became worthless.                             








               27In both its opening and reply briefs, petitioner asserted            
          it was entitled to claim an increased worthless stock deduction             
          in the event we held that items constituting the intercompany               
          account balance were capital contributions.  Respondent did not             
          dispute that such capital contributions increased petitioner’s              
          basis; respondent contended only that G�nther was not worthless.            
               Petitioner’s adjusted basis in its G�nther stock as of May             
          31, 1992, was $7,374,438 before any adjustment attributable to              
          the bad debt issue.  Our conclusion that amounts constituting the           
          intercompany account balance as of FYE May 31, 1992, 1993, and              
          1994 were contributions to G�nther’s capital when made means that           
          petitioner’s adjusted basis in G�nther’s stock as of May 31,                
          1992, must be increased by the intercompany account balance as of           
          that date.  Petitioner’s adjusted basis in G�nther’s stock as of            
          May 31, 1992, recomputed in accordance with this opinion, was               
          $13,938,562.  Our analysis of whether G�nther’s stock was                   
          worthless must take into account the increased equity and                   
          decreased liability resulting from our decision on the bad debt             
          issue.  See Datamation Servs., Inc. v. Commissioner, T.C. Memo.             
          1976-252.                                                                   





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