Jane H. and Leroy W. Hess - Page 4




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          return, they reported an “other” loss on line 15 in the amount of           
          $234,457.  Petitioners attached to their 1992 return Form 4797,             
          Sales of Business Property, which listed the $234,457 loss as a             
          business bad debt.  In notes attached to their 1992 return,                 
          petitioners stated, in relevant part:                                       
               THE FOLLOWING BUSINESS BAD DEBT HAS BEEN WRITTEN OFF IN                
               THE CURRENT YEAR:                                                      
                                                            NOTE                      
                                              AMOUNT        DUE                       
               NOTE PAYABLE TO JANE HESS FROM                                         
               HESS & HESS CONSTRUCTION, INC.    $234,457    ON DEMAND                
               THE DEBTOR IS A CORPORATION WHOLLY-OWNED BY THE                        
               TAXPAYERS, WHICH IS NO LONGER SOLVENT.  THE DEBT WAS                   
               DEEMED WORTHLESS WHEN THE CORPORATION NO LONGER COULD                  
               CONTINUE TO MEET ITS OBLIGATIONS AS THEY BECAME DUE.                   
               On or about April 15, 1996, petitioners jointly filed their            
          1995 Federal income tax return.  On April 17, 1996, petitioners             
          jointly filed their 1993 and 1994 Federal income tax returns.               
          Petitioners claimed NOL carryover deductions in the amounts of              
          $204,146, $167,526, and $127,943 in the taxable years 1993, 1994,           
          and 1995, respectively.                                                     
               We must decide whether petitioners are entitled to deduct              
          the NOL carryovers in the taxable years in issue.  Resolution of            
          this issue depends upon the validity of the bad debt deduction              
          claimed by petitioners in 1992.  See sec. 6214(b).                          
               Respondent argues that the money advanced by Mrs. Hess to              
          Hess Inc. in 1992 was not a loan and that petitioners were not              
          entitled to the NOL carryover deductions in the taxable years in            





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