- 4 - 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).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011