- 2 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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