Timothy J. and Joan M. Miller - Page 2

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                      Tax Year                        Deficiency                      
                        1989                           $94,685                        
                        1991                           $23,230                        
                        1992                           $70,009                        
                        1993                           $38,083                        
                        1994                           $23,718                        
                        1995                            $6,039                        


               After concessions, the issues for decision are:                        
               1.  Whether petitioners had sufficient basis under section             
          1366(d)(1)(B)1 with respect to certain indebtedness incurred to             
          fund the operations of Miller Medical Systems, Inc. (MMS), an S             
          corporation in which petitioner Timothy J. Miller was a                     
          shareholder, to entitle them to deduct MMS’s losses of $750,000             
          in 1992, $431,691 in 1993, and $189,845 in 1994, which led to net           
          operating loss carryback deductions in 1989, 1990, and 1991, as             
          well as net operating loss carryover deductions of $238,293 for             
          1994 and $206,178 for 1995.  We hold petitioners had sufficient             
          basis to deduct the aforementioned losses.                                  
               2.  Whether petitioners were "at risk" within the meaning of           
          section 465 with respect to the aforementioned indebtedness at              



               1  All section references are to the Internal Revenue Code             
          of 1986, as in effect for the years in issue, and all Rule                  
          references are to the Tax Court Rules of Practice and Procedure.            






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