Donald G. and Beverly J. Oren - Page 16




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          The note that HS executed for the benefit of Mr. Oren was marked            
          “Contribute to Capital * * * 12/18/96”.                                     
               On December 23, 1996, Mr. Oren satisfied his notes to Dart,            
          by endorsing the checks he received from HS (#19566) of                     
          $1,906,923.29 and HL (#2651) of $13,448,827.40 to Dart’s bank               
          account.  The notes that Mr. Oren executed for the benefit of               
          Dart bear a notation reflecting this payment method.                        
               Mr. Oren made total contributions of $19 million to HL and             
          HS in 1996.8  On December 23, 1996, Mr. Oren made capital                   
          contributions of $1,198,735.36 and $1,301,264.64 to HS.  On                 
          December 27, 1996, Mr. Oren made a capital contribution of $16.5            
          million to HL.  Distributions from Dart provided Mr. Oren with              
          the funds needed to make those contributions.  The distributions            
          were made pro rata to all shareholders of Dart.                             
               Petitioners deducted losses from HL and HS on Form 1040,               
          U.S. Individual Income Tax Return, in the following amounts:                
                         1993           1994           1995                           
               HL   ($4,000,000)  ($4,614,944)   ($5,605,248)                         
               HS   (146,384)      (66,363)    (2,046,251)                            



               8On the advice of their tax advisers, petitioners filed a              
          Form 1040X, Amended U.S. Individual Income Tax Return, for                  
          taxable year 1996.  Attached to that return is a document which             
          states that the return was being filed as a protective claim.               
          Petitioners stated that if they should lose the Tax Court case,             
          they were claiming sufficient basis in 1996 from which to deduct            
          the losses.  Petitioners based their claim on the capital                   
          contributions made in 1996 by Mr. Oren to HL and HS.                        





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