- 37 - 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.Page: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37
Last modified: May 25, 2011