Ann M. Lassiter and Estate of Henry A. Lassiter - Page 1
















                                 T.C. Memo. 2002-25                                   


                               UNITED STATES TAX COURT                                


          ANN M. LASSITER AND ESTATE OF HENRY A. LASSITER, DECEASED,                  
          ANN M. LASSITER, ADMINISTRATRIX, CTA, Petitioners v.                        
          COMMISSIONER OF INTERNAL REVENUE, Respondent                                


               Docket No. 7324-00.                  Filed January 25, 2002.           


                    H and W deducted net operating losses (NOL) on                    
               their joint Federal income tax return for 1994, the                    
               year in which H died.  The NOLs, all of which were                     
               attributable to H’s business activities, arose before                  
               and during H’s bankruptcy proceeding under ch. 11 of                   
               the Bankruptcy Code.  The bankruptcy proceeding                        
               terminated in 1994 after H’s death.  Pursuant to Fed.                  
               R. Bankr. P. 1016, the proceeding was continued and                    
               concluded after H’s death as though he had not died.                   
                    Held:  Secs. 172(b)(1) and 1398(i), I.R.C., permit                
               the deduction of the NOLs on the joint return.                         












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