Horace D'Angelo - Page 6

                                         -6-                                          
          (and had accrued as income) on the sublease.  Lakeland agreed to            
          pay $200,000 of the $600,000 immediately and make subsequent                
          annual payments of at least $100,000 until the entire $600,000              
          (exclusive of interest at the prime rate) was fully discharged.             
          The debt settlement agreement provided:                                     
               Notwithstanding anything contained herein to the                       
               contrary, the terms of this Agreement shall be                         
               contingent upon the consummation of the contemplated                   
               redemption of Crittenton Development Corporation’s                     
               interest in Peachwood Center Associates and Peachwood                  
               Nursing Center.  Keith J. Pomeroy and Horace D’Angelo                  
               Jr. hereby agree to pursue in good faith the                           
               consummation of said redemption on an expeditious                      
               basis.                                                                 
               Pursuant to the redemption agreement, dated November 30,               
          1995, PNC redeemed Crittenton’s 50-percent interest for cash.  As           
          of that date, PNC terminated for income tax purposes pursuant to            
          section 708(b)(1)(B).                                                       
               Because of the mandatory redemption of Crittenton and the              
          resulting termination of PNC, PNC and H.K. Peach considered the             
          eliminated debt of $392,796 (the original debt of $992,796 less             
          the settlement amount of $600,000) as a worthless debt that                 
          belonged entirely to H.K. Peach.  Accordingly, on their                     
          respective 1995 tax returns, PNC did not claim a deduction for              
          the eliminated debt, but H.K. Peach did.  Petitioner and Pomeroy,           
          each in his capacity as a 50-percent shareholder of H.K. Peach,             
          claimed for 1995 a bad debt deduction of $196,398 (1/2 of                   
          $392,796).  Respondent in the notice of deficiency issued to                






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