Ralph J. and Joan B. Mirarchi - Page 4

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          bankruptcy estate, the contributing partners would be discharged            
          from liability as permitted by the                                          
          confirmed bankruptcy plan.  Petitioner executed a contribution              
          agreement and pursuant to its terms contributed $15,530 to the              
          partnership’s bankruptcy estate in exchange for release of claims           
          and potential claims of all creditors against petitioner arising            
          out of or related to the partnership.                                       
               On December 19, 1995, the bankruptcy court entered an order            
          approving the contribution agreement.  In its order, the                    
          bankruptcy court specifically discharged and released petitioner            
          from any and all liability to the trustee and the bank arising              
          out of or relating to the partnership, petitioner’s status as a             
          general partner in the partnership, and the April 9, 1985,                  
          personal guaranty agreement.  In addition, the bankruptcy court’s           
          order released petitioner from “the claims or potential claims of           
          all creditors” of the partnership.  The bankruptcy court further            
          ordered that petitioner “is subject to the jurisdiction of the              
          Bankruptcy Court.”                                                          
          Tax Reporting                                                               
               For the 1995 tax year, the partnership issued petitioner a             
          Schedule K-1, Partner’s Share of Income, Credits, Deductions,               
          etc., allocating to him $405,815 of discharge of indebtedness               
          income.  Petitioners excluded $380,699 of this amount from their            










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