CMA Consolidated, Inc. & Subsidiaries, Inc. - Page 125

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               Similarly, the $4,056,220 Jenrich note disposition also                
          lacked economic substance.  Among other things, the $4,056,220              
          Jenrich note did not represent valid indebtedness.  We                      
          accordingly hold that petitioner is not entitled to its claimed             
          note disposition losses of $459,221 and $1,178,012 for its                  
          taxable years ended November 30, 1996 and 1997, respectively.               
               Finally, on the basis of all of the foregoing, we hold that            
          petitioner is not entitled to its claimed $404,000 NOL carryover            
          deduction to its taxable year ended November 30, 1996.  That                
          $404,000 NOL resulted from petitioner’s claiming a $1,982,825               
          second lease strip deal “rental expense” deduction for its 1995             
          taxable year.                                                               
          II.  Petitioner’s $2,052,900 Ordinary Loss and $1,859,135 Bad               
               Debt Deduction                                                         
               A.  Petitioner’s Claimed Deductions--the Debt vs. Equity               
               Issue                                                                  
               For its taxable year ended November 30, 1997, petitioner               
          claimed a $2,052,900 ordinary loss and a $1,859,135 bad debt                
          deduction.  These deductions are based upon advances by                     
          petitioner to Cap Corp. through 1997.                                       
               Generally, section 165(a) allows a deduction for losses                
          sustained during the taxable year that are not compensated for by           
          insurance or otherwise.  If stock in a corporation becomes                  
          worthless during a taxable year, the taxpayer’s loss will be                
          treated as a capital loss.  Sec. 165(g)(1).  As relevant to this            






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