Fleming G. and Sherry H. Brooks - Page 4

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          to collectively as the $1 million advance).  The second advance             
          occurred on December 31, 1999, when Messrs. Brooks each advanced            
          $800,000 to the company on open account (referred to collectively           
          as the $1.6 million advance).  The third advance occurred on                
          December 29, 2000, when Messrs. Brooks each advanced $1.1 million           
          to the company on open account (referred to collectively as the             
          $2.2 million advance).  On January 5, 1999, the company made a              
          $500,000 repayment to each of Messrs. Brooks (referred to                   
          collectively as the $1 million repayment).  On January 3, 2000,             
          the company made a $800,000 repayment to each of Messrs. Brooks             
          (referred to collectively as the $1.6 million repayment).                   
               As of the close of 1998, the outstanding balance of open               
          account debt owed by the company to Messrs. Brooks equaled the              
          amount advanced to the company during 1997; i.e., $1 million.               
          However, pro rata company losses during 1997 and 1998 had reduced           
          Messrs. Brooks’s basis in the open account debt to zero.                    
               When Messrs. Brooks made the $1.6 million advance at the               
          close of 1999, it was an amount sufficient, in Messrs. Brooks’s             
          view, to (1) provide a basis offset for the $1 million repayment            
          and (2) allow for the recognition by Messrs. Brooks of their pro            
          rata share of company losses incurred during 1999.3                         

               3Petitioners contend that Messrs. Brooks’s bases in the open           
          account debts were also reduced by offsetting the $1 million                
          repayment.  As discussed below, respondent contends that the                
          repayment of open account debt may not be offset by the basis of            
                                                             (continued...)           





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