- 62 - complex multiparty transactions were entered into on August 31, September 1, September 28, and November 27, 1995; and on October 31, 1996, and September 1, 1997.17 3. Petitioner’s Rental Expense Deductions and Note Disposition Losses On its 1995 tax return, petitioner claimed CMACM’s purported $1,982,825 loss from partial disposition of the $4,056,220 Jenrich note to Okoma, resulting in petitioner’s $404,000 NOL for 1996. On its 1996 tax return, petitioner reported that CMACM had a $469,221 cost basis for the portion of the $4,056,220 note transferred to Lexington for an unsecured $10,000 promissory note on October 31, 1996. On the basis of that, petitioner claimed CMACM’s $459,221 loss on the partial disposition of the Jenrich note. Petitioner also claimed $414,041 as rental expenses on its 1996 tax return attributable to CMACM’s 1996 purported over lease rental payments. CMACM’s claimed rental expenses equaled, and were completely offset by, the amounts due petitioner under Jenrich’s equipment purchase installment note. 17Attached to this opinion as app. A is a 3-page, 17-step flow chart reflecting the basic elements of the transactions. Attached as app. B is a single-page summary of app. A. Apps. A and B were prepared by respondent and used during the trial as an aid to understanding the various steps in the questioned transactions. The appendixes were not received in evidence, but were marked for purposes of identification. These charts are included solely to aid in better understanding the complex fact pattern in this case.Page: Previous 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 Next
Last modified: May 25, 2011