- 3 - the close of taxable years 1992, 1993, and 1994. We hold that petitioners were "at risk" for this purpose. 3(a). Whether petitioners had discharge of indebtedness income under section 61(a)(12) of $900,000 in 1994, upon the satisfaction by guarantors of the aforementioned indebtedness to that extent. We hold that they did. 3(b). Whether the $900,000 of discharge of indebtedness income is excludable under the insolvency exception of section 108(a)(1)(B). We hold that it is. 3(c). Whether certain tax attributes of petitioners, including a net operating loss, net operating loss carryover, net capital loss, and capital loss carryover for 1994 must be reduced under section 108(b)(1) and (2). We hold that they must. FINDINGS OF FACT The parties have stipulated some of the facts, which are incorporated herein by this reference. Petitioners, Timothy J. and Joan M. Miller,2 resided in Indiana at the time the petition was filed. MMS’s Initial Years Petitioner incorporated MMS in November 1988 and was initially its sole shareholder. MMS was an S corporation for 2 Joan M. Miller is a petitioner in this case as a result of filing joint returns with petitioner Timothy J. Miller for the years in issue. As the transactions at issue involved Mr. Miller only, we shall hereinafter use "petitioner" when referring to Mr. Miller individually.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011