Ernst L. Meier - Page 2




                                        - 2 -                                         
               Unless otherwise indicated, all section references are to              
          the Internal Revenue Code in effect for the year in issue, and              
          all Rule references are to the Tax Court Rules of Practice and              
          Procedure.                                                                  
               After concessions, the issue for decision is whether for               
          1995 petitioner is entitled to a bad debt deduction in the amount           
          of $3,207,578.  This issue turns on whether, for purposes of                
          section 166, certain fund transfers that petitioner made to                 
          Blackland Investment Co., Inc. (Blackland), a corporation that              
          petitioner appears to have controlled, constituted loans and, if            
          so, whether such loans became worthless in 1995.  Resolution of             
          this issue will affect net operating loss carrybacks that                   
          petitioner claims for 1992 and 1993.                                        
               Certain books and records and other information relating to            
          petitioner, to ownership and operation of Blackland, and to the             
          transactions at issue herein are not in evidence.  As a result,             
          aspects of our Findings of Fact are not as specific as they                 
          should be.  Petitioner is largely responsible for the situation             
          in which we find ourselves, as petitioner himself (and other key            
          individuals) did not testify at trial.                                      

                                  FINDINGS OF FACT                                    
               Some of the facts have been stipulated and are so found.               
               In 2000, at the time the petition was filed, petitioner, a             
          German national, resided in Italy.                                          





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