- 5 - On February 15, 1996, Messrs. Huse, Nymark, and Steel, the directors and shareholders of BFI, consented to the assignment of the lawsuit to Ottar, Inc., a corporation in which Messrs. Huse, Nymark, and Steel owned all outstanding stock. On February 16, 1996, BFI executed an assignment agreement which assigned BFI’s rights in the lawsuit to Ottar for the benefit of the individual partners of Bochica.7 Neither Bochica nor Ottar reported any tax effects from this transaction. On the same day as the assignment of the lawsuit, Bochica and Norway closed on the stock sale. Bochica used its entire basis to compute its gain from the sale of the BFI stock. Petitioners recognized gain from the sale as part of their distributive share from Bochica. At the close of BFI’s taxable year on July 31, 1996, BFI’s earnings and profits exceeded the value of the lawsuit. Following the assignment of the lawsuit, the Bochica partners were substituted as plaintiffs in the suit against the insurer, and an amended complaint was filed to reflect the change. In 1996, the insurer paid $172,175 on the insurance claim. This amount was distributed to the general partners according to their respective interests: 7BFI was an accrual basis taxpayer, and at the time of the assignment it had not accrued income from the insurance claim except for the May 1993 payment. No income was accrued since the value of the claim was disputed and could not be ascertained.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011