- 4 - 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...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011