Donald G. and Beverly J. Oren - Page 37




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          scenario” is generally inappropriate for purposes of section                
          465(b)(4).  Moser v. Commissioner, 914 F.2d at 1048.26  Examining           
          whether a greater than $34 million lawsuit was plausible would              
          require us to utilize such a “doomsday” approach.  We decline               
          petitioners’ invitation to do so.                                           
               Accordingly, we hold that the loans that Mr. Oren made to HL           
          and HS did not increase petitioners’ basis in those companies for           
          purposes of section 1366(d)(1)(B).  Petitioners’ ability to                 
          deduct losses for taxable years 1993, 1994, and 1995 is therefore           
          limited to basis amounts determined under section 1366(d) that do           
          not include those loans.  We also hold that petitioners were not            
          at risk for the amounts borrowed by Mr. Oren for use in HL and              
          HS.  Therefore, petitioners’ loss deductions from those companies           
          are limited under section 465(a) to amounts for which petitioners           
          are otherwise at risk.                                                      


                                                         Decision will be            
                                                  entered for respondent.             






               25(...continued)                                                       
          application of sec. 465(b)(4) unless and until the bankruptcy               
          actually occurs”).                                                          
               26But see Emershaw v. Commissioner, 949 F.2d 841, 845-848              
          (6th Cir. 1991), affg. T.C. Memo. 1990-246.                                 





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