-11- petitioner, stated the disallowed amounts and the years to which they pertain, and adequately explained the calculations employed in arriving at them. II. Debt Settlement The parties agree that the $392,796 bad debt deduction resulted from the forgiveness in the debt settlement agreement of that amount of accrued rent and, more specifically, a settlement of the proceedings discussed above. The parties do not dispute that PNC was entitled to deduct the eliminated debt as a bad debt but challenge only the amount of that deduction allocable to petitioner. Petitioner argues on brief that the debt was settled after Crittenton’s termination and that he, as a 50-percent shareholder of H.K. Peach, is entitled to deduct half ($196,398) of the debt. Petitioner focuses primarily on respondent’s reference to the all events test and argues that this test was not met before Crittenton’s redemption in that the redemption was a vital term of settlement. Alternatively, petitioner argues, respondent’s earlier resolution of this issue, coupled with respondent’s representations to the Court, means that respondent is now estopped from challenging the amount of his deduction in this proceeding. Respondent argues on brief that the debt was settled before Crittenton’s termination. Thus, respondent concludes, only halfPage: 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