Ann M. Lassiter and Estate of Henry A. Lassiter - Page 2




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               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).                          




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