-4- Petitioner began further collection efforts in 1995. Petitioner first unsuccessfully demanded payment from Brooks Foods. Petitioner then filed a lawsuit against Brooks Foods and Peggy Ann Hauser (Ms. Hauser), Mr. Hauser’s widow, to attempt to recover the debt. Ms. Hauser’s attorneys responded by a letter to petitioner in February 1995, stating that the suit against Ms. Hauser should be dismissed as she had no active involvement in Brooks Foods. In addition, the letter stated that secured creditors or other parties who became shareholders before Mr. Hauser’s death had control over all the stock of Brooks Foods. Petitioner could not recall the outcome of the litigation at the time of trial in this case, but he believed it had gone to court and was apparently unsuccessful. Ms. Hauser later filed bankruptcy and received a discharge in 1998. Petitioner reported Egan Oil’s income and expenses using the accrual method on a Schedule C, Profit or Loss from Business, for 1998. Petitioner deducted $158,381 in 1998 as a business bad debt attributable to Brooks Foods. Petitioner reported taxable income of $7,442 and tax of $1,052. Petitioner claimed that Brooks Foods owed $420,000 in total to Egan Oil and that $200,000, represented by the notes, was secured. Petitioner’s accountant, Emile Rabinowitz (Mr. Rabinowitz), advised petitioner to deduct $158,381, but neither petitioner nor Mr. Rabinowitz explained how they computed this amount. At the time of trial, petitioner no longer had records or business ledgers for 1992 through 1995 reflecting deliveries to, or accounts receivable from, Brooks Foods. Mr. RabinowitzPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011