Timothy J. and Joan M. Miller - Page 3

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          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.                                                        




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