- 2 - David D. Aughtry, Lawrence Sherlock, and Linda S. Paine, for petitioners. David Delduco and Elizabeth B. Williamson, for respondent. MEMORANDUM OPINION LARO, Judge: This case is before the Court fully stipulated. See Rule 122.1 Respondent determined a $281,556 deficiency in the 1994 Federal income tax of Henry A. Lassiter and Ann M. Lassiter (Mr. Lassiter and Ms. Lassiter, respectively; the Lassiters, collectively) and a $56,311 addition thereto under section 6662. Following respondent’s concession that petitioners are not liable for the addition to tax, we must decide whether Mr. Lassiter, upon termination of his bankruptcy estate, succeeded to any net operating losses (NOLs) from the estate which the Lassiters may use to calculate their 1994 joint Federal income tax liability. We hold he did. Background The stipulation of facts and the attached exhibits are incorporated herein. The stipulated facts are found accordingly. The Lassiters were married until Mr. Lassiter died on May 9, 1994, and Ms. Lassiter, in her own right and as administratrix of 1 Unless otherwise noted, Rule references are to the Tax Court Rules of Practice and Procedure, and section references are to the Internal Revenue Code in effect for the year in issue. Bankruptcy Code references are to 11 U.S.C.(2000).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011