- 10 - (9th Cir. 1999); Leavell v. Commissioner, T.C. Memo. 1996-117. III. The Net Operating Losses Available to Petitioner Petitioner, in his summary judgment motion in Benton I, contended that he had succeeded to: (1) Prebankruptcy NOLs in an amount not less than $50 million and (2) NOLs generated by the Benton estate in an amount not less than $100 million. Petitioner now acknowledges that the alleged $50 million in prebankruptcy NOLs is unallowable for his 1995, 1996, and 1997 tax years under paragraph 8 of the settlement agreement. The first sentence of paragraph 8 provides that petitioner would not be allowed any net operating losses under section 172 that arose in taxable periods before the bankruptcy petition date which might be carried forward to any taxable period of the Benton estate. Petitioner continues to contend, however, that any NOLs attributable to the $84 million in suspended passive activity losses are not prebankruptcy NOLs that would be covered under the first sentence of paragraph 8 of the settlement agreement. According to petitioner, nothing in the settlement agreement prohibits NOLs generated by the Benton estate, to the extent not used by the Benton estate and to the extent petitioner succeeds to them, from being carried to, and used by him for, his 1995, 1996, and 1997 tax years. He maintains that approximately $80 million in NOLs attributable to the $84 million in suspendedPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011