Lawrence G. Williams - Page 4

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          shares of both corporations became property of his Estate at that           
          time.5  Both corporations are calendar year corporations.                   
               Petitioner used a $4 million loan from Citibank to finance             
          the operation of Davidge.6  Davidge sustained an operating loss             
          of $3,385,592 during 1990.  The Schedule K-1, Shareholder’s Share           
          of Income, Credits, Deductions, etc. (Schedule K-1), that Davidge           
          issued to petitioner for 1990 showed that $3,125,875 (or 92.33              
          percent) of the loss for 1990 was allocated to petitioner.  This            
          amount represents the pro rata portion7 of Davidge’s loss                   
          attributable to the period January 1 through December 3, 1990,              
          the date petitioner filed for bankruptcy.  The remaining $259,717           
          (or 7.67 percent) of the loss for 1990 was allocated to the                 
          Estate.                                                                     
               Kuma sustained an operating loss of $155,593 during 1990.              
          Similarly, the Schedule K-1 Kuma issued to petitioner for 1990              
          showed that $143,898 (or 92.33 percent) of the loss for 1990 was            
          allocated to petitioner.  This amount represents the pro rata               
          portion of Kuma’s loss attributable to the period January 1                 
          through December 3, 1990, the date petitioner filed for                     
          bankruptcy.  The remaining $11,955 (or 7.67 percent) of the loss            
          was allocated to the Estate.                                                


               5A debtor’s assets, with exceptions not applicable here,               
          become property of the bankruptcy estate when the debtor files              
          the bankruptcy petition.  11 U.S.C. sec. 541 (2000).                        
               6The record does not reflect financing information for Kuma.           
          We assume that petitioner used portions of the Citibank loan to             
          finance the operation of Kuma as well.                                      
               7The pro rata portion is computed by assigning to each day             
          an equal share of the loss for the year.  Sec. 1377(a)(1).                  




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