- 91 - 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 thisPage: Previous 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 Next
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