Hubert Enterprises, Inc. and Subsidiaries, et al. - Page 4

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          issue of first impression, petitioners claim that section                   
          465(c)(2)(B)(i) aggregates these activities into a single                   
          activity for purposes of applying the at-risk rules of section              
          465.3  Petitioners also claim that the members of the passthrough           
          entity, a limited liability company named Leasing Co., LLC (LCL),           
          were at risk for LCL’s losses by virtue of a deficit account                
          restoration provision that, petitioners state, made LCL’s members           
          liable for portions of LCL’s recourse obligations.  We hold that            
          HHC may not deduct equipment leasing activity losses greater than           
          those allowed by respondent in the notice of deficiency.                    
                                  FINDINGS OF FACT                                    
               Some facts were stipulated.  We incorporate herein by this             
          reference the parties’ stipulation of facts and the exhibits                
          submitted therewith.  We find the stipulated facts accordingly.             
          I.  HEI                                                                     
               HEI was organized by the Hubert Family Trust (HFT) on or               
          about October 8, 1992.  HEI’s only shareholder has always been              
          HFT.  When HEI’s petitions were filed with the Court, its mailing           
          address was in Cincinnati, Ohio.                                            
               For HEI’s 1997, 1998, and 1999 taxable years, HEI was the              
          parent corporation of an affiliated group of corporations that              
          filed consolidated Federal corporate income tax returns.  For               

               3 Unless otherwise noted, section references are to the                
          applicable versions of the Internal Revenue Code, and Rule                  
          references are to the Tax Court Rules of Practice and Procedure.            





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