- 19 - Treatment of the $344,082 distribution amount from the K-1 for FYE 1996 presents additional complexity in that petitioners seek to claim a $2,518,616 ordinary loss from Alofs for 1996. Pursuant to ordering rules contained in regulations promulgated under section 1367, decreases in basis attributable to losses are made before those attributable to distributions. Sec. 1.1367- 1(e), Income Tax Regs. However, because the Court concludes for reasons detailed infra that the $6 million loan incurred in the LBO transaction generated basis for Mr. Gleason in Alofs and Target, his basis would appear to be adequate to accommodate both the claimed losses and tax-free return of basis treatment for the $344,082 distribution amount. Due to limitations in the record before us, we leave final calculations to the parties under Rule 155. C. Claimed Losses and Bases With respect to their dispute over claimed losses and bases, the parties have taken the approach of stipulating, first, the components that petitioners alleged during audit should be included in computing Mr. Gleason’s bases in Alofs and Target and, second, which items were allowed and disallowed by respondent in the basis computations. At trial and on brief, each side then presented argument focused on specific disputed components. We structure our discussion in a similar manner.Page: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
Last modified: May 25, 2011